QUESTION
Is it true that for an adoption to be granted, the birth father has to be contacted to give up his parental rights?
Asked on Mar 20th, 2013 on Child Custody - Delaware
13 ANSWERS
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Yes it is true. You can not terminate parental rights without first giving the parent notice and opportunity to be heard.
Answered on Mar 22nd, 2013 at 4:31 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. Unless he is no longer alive. If he is missing, the petitioner still has to make efforts to find him in order to serve a copy of the Petition on him, and if he cannot otherwise be found after due diligence, he can be served by publication.
Answered on Mar 21st, 2013 at 12:22 PM
Dennis P. Mikko
This is a true statement. As the biological father, he has certain rights that cannot just be taken away. However, if he has had no contact and no support for an extended period, his rights might be able to be terminated. You should seek the advise of a local attorney.
Answered on Mar 21st, 2013 at 8:21 AM
John Arthur Smitten
yes.
Answered on Mar 21st, 2013 at 7:38 AM
Yes. The biological father must be given notice.
Answered on Mar 21st, 2013 at 5:40 AM
Yes. If social services cannot contact him you would have to file a petition to terminate parental rights. If you cannot locate the father you can publish the petition to terminate which would be seen as service.
Answered on Mar 21st, 2013 at 4:30 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes or the notice can be published.
Answered on Mar 21st, 2013 at 4:28 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes. The juvenile court can terminate the rights but they have to notify him.
Answered on Mar 21st, 2013 at 12:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally that is the normal procedure.
Answered on Mar 21st, 2013 at 12:31 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The father is entitled to notice of the suit to terminate his relationship with the child. He does not have to agree. I suggest you hire a lawyer.
Answered on Mar 21st, 2013 at 12:28 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, the birth father has to be served notice of the adoption proceeding. In the right circumstances, the court may determine that it is in the best interests of the child to be adopted without the father's consent. However, life is a lot easier if consent is obtained.
Answered on Mar 20th, 2013 at 11:36 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, a good faith effort to notify the birth father must be undertaken. If the birth father's address is unknown, then an advertisement must be placed in a general circulation newspaper. A family law attorney can go into greater detail, and you should not undertake an adoption without an attorney.
Answered on Mar 20th, 2013 at 11:31 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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That is correct. Or he does not consent you can still proceed but must show that he should have his rights terminated.
Answered on Mar 20th, 2013 at 11:23 PM