Birth Fathers' Rights In Adoption

American Academy of Adoption Attorneys

Countless biological mothers are concerned about the biological father's rights during an adoption. In truth, it is very rare that the biological father is actively involved in creating an adoption plan or truly concerned with the future of the child. Even though it sounds harsh, the vast majority of biological fathers would rather distance themselves from the pregnancy.

Birth fathers' rights in adoption might seem like a troublesome factor in the biological mother's decision-making process, but at Paul E. Swain, PLC, the firm can provide direction and valuable insight into this and any other question you might have. Typically, we hear one of two statements from biological fathers during the proceedings:

  1. I am not even sure that it's my kid.
  2. I don't care what she does with the child; just leave me out of it.

While these statements might shine a harsh light of reality on the situation, they are, in fact, typical.More often than not, the decision about her and her baby's future is left to the biological mother.She typically has no input or assistance from the biological father, and she must carefully analyze the situation and make the decision she wants for her child.

Oklahoma Parental Rights Lawyer

In Oklahoma, every person who is a possible biological father of a child either must consent to the adoption or he must be served with a notice of a hearing to terminate his parental rights. It is not unusual to find that if the biological father objects to the adoption after he has been served with a notice to terminate his parental rights; his objection is usually being driven by his family, who has only recently learned that he has fathered a child. Tulsa attorney Paul E. "Trip" Swain has the experience to guide clients through these hearings to ensure the process runs smoothly.

It is typical for people to believe that a male has well-defined rights to a child simply because of the genetic link of fatherhood. This is far from the truth. While married fathers have already made a legal commitment to their children, an unmarried father has to first prove he is the biological father and he must prove that he took responsibility for the child and exercised his parental responsibilities. The courts will protect the relationship of parent and child if the father has tried to build such a relationship. Conversely, the court will not protect the father-child genetic link if the father has made no effort to establish and grow a substantive relationship. Contact the firm with additional questions or concerns regarding adoption or the adoption process.

Contact Paul E. "Trip" Swain III to schedule a free consultation at 918-599-0100.

Contact the law firm of Paul E. Swain, PLC, to schedule a free and confidential consultation. The firm offers flexible hours to meet your needs. Credit cards are accepted. Call the office at 918-599-0100.

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