If you have been reading adoption blogs, you have probably noticed that they usually talk about the “mother” relinquishing her parental rights and most of the blog posts are from “her” perspective. But what about the birth father? What sort of rights does the birth father have, and what say does he have about the adoption? The answer changes from state to state, so I wanted to write a post providing answers to frequently asked questions about birth fathers’ rights in Kansas.
If you are considering placing your child up for adoption, you will need the assistance of an experienced adoption attorney. An experienced Kansas adoption attorney can help you navigate this process, attain compensation for your costs, and make sure you retain the rights that are important to you. Call McDowell Chartered at (316)-269-0746 to get the advice you need.
Biological Fathers’ Rights in the Adoption Process—Who is a “Father”?
First of all, who is a “father” under Kansas law? A man is presumed to be a child’s father in Kansas if: (1) he is or was married to the child’s biological mother and the child was born during the marriage; (2) he has acknowledged his paternity in writing; (3) he gives consent to have his name placed on the child’s birth certificate; or (4) he takes a genetic test that indicates at least a 97% chance that he is the father.
Do You Have to Tell the Birth Father About an Adoption?
This is a complicated question. If the man who you believe fathered your child does not meet any of the above requirements, then you may not have a duty to inform him that the child in question will be adopted. However, if the father can establish paternity, it can be challenging to extinguish his parental rights. There is no simple or single answer to this question, and you should consult with an experienced adoption attorney before moving forward.
What if the Father’s Identity is Unknown?
If the child does not have a man’s name on his or her birth certificate, you are and were unmarried at the time of the birth, and no man is stepping forward to claim the child, then the child has no legal father. Furthermore, you may not know who the father is, either because you were having intercourse with multiple partners at the time the child was conceived or due to a rape. In Kansas, a court can terminate the parental rights of an unknown father. This may seem excessive, but it is useful to prevent someone from claiming paternity at another time.
Do I Need the Father’s Consent to Put My Child Up for Adoption?
It would be complicated to put a child up for adoption with a loving father that is providing for the child. But in my years as an adoption attorney, I have never seen that situation. Instead, women tend to want to put their child up for adoption when the father abandoned her when he learned of the pregnancy, is unfit to parent due to substance abuse or criminal behavior, and makes no effort to support the mother or child after the birth. In these situations, the father’s parental rights may have to be terminated, a legal process that will require the help of an experienced adoption attorney.
What Should I Do If I am Considering Placing My Child Up for Adoption in Kansas?
Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adoption legal issues. Call us today at (316)-269-0746 to set up an appointment.
