Father’s rights vs Mother’s rights in adoption matter
My girlfriend is pregnant and we are no longer speaking to each other. She says she is giving our baby up for adoption and there is nothing that I can do about it. She has already picked out the people she is giving my baby to. I have a good job. Me and my parents will take the child and care for it. I will adopt the baby and she doesn’t have to have anything to do with the child ever. Doesn’t the father of a baby have to be notified of the birth? Can I object to the adoption? Micah W.
The birth mother can start the adoption process as soon after conception as she wishes. The birth mother can choose the adoptive parents any time after conception. In Alabama, a mother can sign her consent before birth in front of a probate judge. After birth it can be signed in front of a notary.
Alabama does not require the father to be notified about the mother’s adoption plan or about the birth of the child; however, he has to be given notice of the adoption after the child is born, when a Petition for Adoption has been filed. This gives him the opportunity to consent or object. For mothers and prospective adoptive parents, it is the best practice to ask the father prior to birth to sign a consent or a denial. After the adoption is filed, the father must be served with the papers by personal service, certified mail, or publication.
Most importantly, the biological father can register with the Putative Father Registry. This is a way in which Alabama Law protects a putative father – a man who assumes or alleges to be the father of a child – by requiring that he be notified of adoption proceedings involving the child. In order for the putative father to receive notice of an adoption proceeding, he should register with the Putative Father Registry prior to the child’s birth or within a 30-day period after the child’s birth. This would give any adoptive couple notice that he plans to claim his rights to the child.
A putative father who fails to file a notice of intent to claim paternity within this time frame could be considered to have given an irrevocable implied consent to any adoption proceeding. The putative father is responsible for notifying DHR’s Office of Permanency of any change of address. If the birth father intends to parent, he can also file a request for custody as well as paternity in Juvenile Court. The Juvenile Court Judge may also order the mother to notify the father of the birth.