One question that repeatedly comes up in private adoptions is whether a mother can put her biological child up for adoption without telling the biological father. I have written other blog posts on this subject, so I will not fully repeat myself here, but the answer is “it depends.” Two of the factors in that calculation are whether the person in question meets the definition of “father” under Kansas law and whether or not he has continued to have a relationship with the child after its birth. Usually, if the answers to either of those questions are “no,” then it is often not necessary to involve the biological father in the adoption process.
Again, this is a significant issue in private adoptions, as no adoptive family expects or wants an 11th-hour legal claim from a biological father that everyone thought had evaporated. That is precisely what happened in the Missouri case I have summarised below, where a father from Kansas City challenged the termination of his parental rights just as the biological mother was placing his child up for adoption.
An experienced Kansas adoption attorney can help you navigate this process and bring a child into your loving home. Call McDowell Chartered at (316)-269-0746 to get the advice you need.
Fathers 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.
In the case referenced below, the biological father did not immediately meet any of the above standards and was not present in the biological mother and child’s life. That seems to be what she presented to the court as the fact. His version, however, was that he was unaware that he even had a child. In Missouri, a court must show that a person demonstrated:
a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duties of a parent; or … an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love, and his protection, maintenance, and the opportunity for the display of filial affection.” Neglect means continuous failure to provide.
Here, the father was not even aware that he had a child until two weeks before the filing of the petition to terminate his parental rights. Once he became aware of the child, he attempted to form a relationship. As a result, the court refused to terminate the father’s parental rights.
Again, this is the nightmare situation for an adoptive family trying to adopt a child privately. In this case, it would have seemed like the adoption was a sure thing, with a biological mother looking to put the child up for adoption, willing to relinquish her parental rights, and, ostensibly, no father in existence. This is a prime example of why you need to work with an experienced adoption attorney to help you avoid this sort of emotionally crushing situation.
What Should I Do If I am Considering a Kansas Adoption?
Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adoption process. While there are challenges posed by any adoption, and an experienced adoption attorney can walk you through the legal steps you will need to take to bring a child into your home. Call (316)-269-0746 for an appointment to discuss your adoption options in the state of Kansas.
Source: https://www.courts.mo.gov/file.jsp?id=52793
