Although adoption laws vary from state to state, it’s important to be aware of the biological father’s role in the adoption process. If the biological father can legally claim parental rights, then those rights must be terminated before an adoption can be finalized. Make sure to discuss your unique circumstances with your legal team or adoption agency before moving forward with an adoption plan so they can advise you on what steps to take. It’s ideal if the biological father is supportive of the birth mother’s decision to explore adoption, but even if he is absent or unsupportive, in many cases it is still possible to proceed with an adoption plan. Below are some frequently asked questions about the biological father’s rights: 

Do I Need The Biological Father’s Consent For An Adoption? 

It depends. The birth mother is automatically granted parental rights, but the biological father must meet certain requirements to claim parental rights. For example, he must have been married to the birth mother at the time of conception, be named on the baby’s birth certificate, or he must file a written statement with the Department of Health stating that he is the father before the birth mother files the petition to terminate her parental rights, among others. If the biological father is unfit to be a parent, it is possible to have his legal rights involuntarily terminated by the court. 

Do I Have To Notify The Biological Father About The Adoption? 

If the biological father can legally claim paternity, then yes, he should be notified. For example, your attorneys will check if he is listed on the Putative Father Registry to see if he has filed a written statement that he is the birth father. If you don’t feel comfortable letting the father know that you are pursuing adoption, your adoption attorney can act as an intermediary. 

Can The Biological Father Stop or Contest An Adoption? 

It’s best to consult your attorney about your specific situation, but yes, it is possible. Even if the biological father wants to claim custody before giving up the baby for adoption, he will have to prove that he can provide for the baby and is willing and able to be responsible for raising them in addition to paying for a portion of the birth mother’s expenses. If the biological father’s rights have been terminated, he cannot contest an adoption unless there was some kind of deception involved in the adoption proceedings.


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How We Can Support You

As adoption lawyers in the state of Florida, we have years of experience with the adoption process. We are proud advocates for birth moms and children, and we understand that choosing to put your baby in an adoption plan is a life-changing decision, full of emotional highs and lows. We are here to support and guide you each step of the way, whether or not you decide adoption is right for you. If you would like to schedule a consultation to find out more about adoption and the services we offer or have any questions about the birth father’s role in adoption, contact us today. 



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