Can a unwed father challenge an adoption of his child?
ByI have a pregnant daughter who has decided to give her baby up for adoption due to bipolar and not able to care for a newborn. The father has had no part of her life since she conceived. The father is on illegal substances and said he will not sign off on the adoption. Can she challange this block by the father and will the state allow him to take the baby home for his mother to raise?
Related posts:
- Does a father have to sign adoption papers for an unborn child if he is a minor?
- Why do the adoption haters degrade natural mothers who want their child to grow up with a father?
- what happens when the birth father contests an adoption?
- Would outlawing abortion increase the number of babies given up for adoption in the US?
- Does a mother have all rights to the unborn baby in regards to adoption?


13 Comments
April 24th, 2010 at 9:12 am
That’s a legal question. You need a lawyer.
April 24th, 2010 at 9:19 am
I don’t know how it works in the States but here in the UK a father has no legal rights if he is not married to the mother. That said, as he has not been inolved in your daughter’s life and is an addict he would not get very far challenging an adoption.
April 24th, 2010 at 9:51 am
It is sad that your daughter is not getting the medical help she needs in order to keep and raise her baby. Plenty of mothers have bipolar disorder, and are perfectly good and capable mothers. Is there some way you can help your daughter so you do not lose your grandchild?
If she is suffering from bipolar illness now, that only makes her more succeptable to the risks of major psychological trauma from losing her baby to adoption. For example, even “healthy” mothers can end up with major depression, dissociative disorder, anxiety disorders, PTSD, etc. from the loss. It can even trigger bipolar disorder in mothers who were healthy and showed no symptoms of it before-hand. Many go on to never have another child because of the trauma of losing the first one. Is there a way you can help her keep her baby?
April 24th, 2010 at 10:05 am
What’s stopping YOU from helping her raise her child?
April 24th, 2010 at 10:21 am
It depends on your state. Each state has their own very specific law on how the rights of the father or his ability to block an adoption. At the very least he can be taken to court and have his rights terminated if the court decides he is not able to care for the child and it is in the best interest of the child. In our situation the father is in jail for 5 years and is refusing to relinquish his rights, we are in the process of getting him to court to prove we are better parents than he is and we hope the judge sides with us.
April 24th, 2010 at 11:06 am
Your daughter needs to talk to a lawyer. State laws vary but in most states if a man doesn’t establish his paternal rights legally, he has no say. Depending on the law some of things things he would have to do are sign up on the states putative father registry(if your state has one) and most important, contribute financially to the pregnancy.
It isn’t your daughter’s responsibility to tell him what to do to establish paternity,
April 24th, 2010 at 11:52 am
She can challenge it, but what gets decided in the end ultimately comes down to the whim of the judge. Now, if I were the judge, and based solely on what you’ve given us here thus far, there’s absolutely no way that I’d terminate the rights of the father – though that may be because I know how absolutely and mind bendingly horrific it can be to grow up with complete strangers.
She should just terminate HER parental rights, and let the child stay with its father, since she’s gonna abandon it like some piece of rubbish anyway.
April 24th, 2010 at 11:59 am
It depends on State Law – but generally in the US the father does have rights and is able to challenge the adoption of his child. There have been cases in the news where a mother has given her child up and the bio father has popped up after the adoption and challenged it – and in some cases won. Courts will generally side with a biological parent, given said parent has a support system in place for the child (which he would if his mother is willing to assist in raising the baby).
You definitely need to talk to a lawyer – and perhaps even a social worker if you have concerns that the father may be on illegal substances. They will be able to help you with the right course of action.
April 24th, 2010 at 12:29 pm
your wh*Re of a daughter does not want to raise it why cant the boys mother which is the babies grandmother?it should be with family not some strangers
April 24th, 2010 at 1:20 pm
First off people need to stop slamming this guy for not wanting to take the child himself. You have no idea and there is nothing wrong with adoption.
Secondly yes he does have rights to the child. A father has 6 months to protest the adoption and take the child for himself. (This as actually happened in my family my uncle’s x-girlfriend tried to put their child up for adoption without him knowing)
And yes if you daughter wants to give up the baby and the father wants the child then he will get it because he is a blood relative. Especially if his mother is going to be the primary care giver.
You can go to court to try and stop it but most judges will favor leaving a child in a parent’s home. It take a lot to change that.
You’ve got to look at this from both sides.
Fathers have rights too. He may not be the best father figure and I don’t know the entire situation but there are worse things out there then drug abuse (not that I condone the action). Women win custody all the time who have habits worse then drugs.
Your best bet to keep the child out of the father’s hands is to keep the child yourself (if possible)
April 24th, 2010 at 1:53 pm
In most states that I am aware of, he has all of the rights that she has as long as he is identified on the birth certificate. Some states don’t require him to be named, even if she knows who the father is. Other states require her to identify him if she knows who he is.
When he realizes that he will be on the hook for child support, he may have a different opinion about signing away his rights. If he is willing to take responsibility, then maybe he is willing to get off of the drugs.
April 24th, 2010 at 1:56 pm
The only way she can challenge is if she proves them unfit. He may be but doubtful that his mother is unfit. If you and your daughter don’t want it, let the baby’s father and his mother raise it. Otherwise it goes to total strangers. Sometimes they go to good adoptive homes, sometimes they go to abusive home that people have covered up. Never know, you don’t want it so what does it matter?? Also, your daughter should be perfectly able to take care of a child bipolar or not if she is on proper medication and taking care of herself. Losing a child unless she just doesn’t care, will cause her to be worse later. Bipolar is an inherited trait and sometimes comes out worse after a traumatizing situation when it was never present before. Easily controlled with medication, if no insurance than try medicaid or a local free county health clinic.
April 24th, 2010 at 1:57 pm
A: I have no idea
B: who says “unwed” anymore?
IMO the father has a right to raise the child if the mother does not want to. I would have your daughter rethink adoption anyway.