QUESTION
What rights does a father have if his unborn baby's mother flees the the country to give the baby up for adoption?
Asked on Aug 10th, 2012 on Child Custody - Oklahoma
More details to this question:
The mother of my brother's unborn child has fled to Serbia to put the child up for adoption. Neither my brother nor my family (my mother, father, & myself) want to put this child up for adoption. We believe the parents of the pregnant girl are pushing her to do this due to shame this may bring to her family. My brother is willing to take care of this child and not to mention the rest of our family. Is there anyway to prevent her from placing the child for adoption? Should he contact the US Embassy? The only thing is he isn't 100% sure it is his. Can he get a court order for a prenatal paternity test via amniocentesis?
8 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If she has already left the country you will have to deal with Serbia. If she is still here and you can file for parental rights here she will be delayed in her move.
Answered on Aug 16th, 2012 at 8:13 PM
Pretty sure there isn't much you can do to prevent this, especially since they are not married. For sure, you can't have it both ways. Either he is the father of this child and he wants custody or he is not the father, in which case he has no rights at all.
Answered on Aug 16th, 2012 at 1:13 AM
Leonard A. Kaanta
In Michigan, unless you put your name on birth certificate, you have no rights to child.
Answered on Aug 16th, 2012 at 12:47 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The court will not order a prenatal DNA test. If the thinks the child is his, he can file a parentage action immediately after the child is born to assert his paternity. The court can then order a DNA test. If the child is his, he, as well as the mother have to sign the relinquishment. However, the the mother leaves the country prior to the birth of the child, which she is free to do, it is unlikely he would have much standing in a Serbian court even if he could get there. This is not about fleeing the country. She is free to go where ever she wants as she is not married to your brother.
Answered on Aug 16th, 2012 at 12:32 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He can be placed on the registry for putative fathers in Tallahasse. Do an internet search for this. This sounds like rather drastic action on the mother's part and maybe it will all be resolved. He cannot file a paternity action until the child is born and there can be no paternity test unless he files the paternity case.
Answered on Aug 16th, 2012 at 12:31 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Unfortunately, the real answer to your question is that your brother's only clear "right" at this point is the "right to spend exorbitant amounts of money and days and weeks or months of emotional anxiety" trying to do something in Serbia. Presumably, the mother is not a US citizen and, since she is already gone and the baby was not born when she left, there isn't much that any court in the US can do. He can contact the US State Department and ought to find an attorney experienced in international custody cases to consult about the possibility of hiring an attorney in Serbia. While it is technologically possible to conduct paternity testing before a baby is born, that is an expensive process and it will require a Serbian court to order it.
Answered on Aug 16th, 2012 at 12:30 AM
Dennis P. Mikko
He will not be able to obtian a paternity test until the child is born. If he is sure of her intent, he may want to try and obtain a court order to keep her from leaving the country pending the birth of the child and establishment of paternity. Once she leaves the country he will be hard pressed to do anythning.
Answered on Aug 16th, 2012 at 12:27 AM
How did she get out of the US? Did the child have a passport. Contact the US and Serbian embassies for whatever help they can provide. I also suggest if at all possible to consult a Serbian attorney.
Answered on Aug 16th, 2012 at 12:25 AM