The father of a child may find himself in a position where he is not married to his child’s mother, however he wishes to exercise his rights as a father. This may be necessary if the child’s mother wishes to put the child up for an adoption and the father objects. The woman can be a man’s current girlfriend or a previous girlfriend who a man may or may not be on good terms with. Either way, at the announcement of her pregnancy or as soon as possible, it is important for you to establish your rights as a father in order to maintain your parental rights.
Establishing Your Rights as a Father
Whether a father has a good relationship with the mother or not, they should not assume they have rights to their child. If you and the child’s mother are not married at the time of conception or birth, your rights are not automatically established. Many states vary on their laws regarding whether a child’s parents must be married during conception or when the baby is born. In Kansas, there are a variety of ways to legally establish rights as a father of a child. They include, genetic testing, evidentiary proof of consistent of a father’s support and involvement in the child’s life, marriage to the mother of the child within 300 days of the child’s birth, voluntarily acknowledgement of paternity in writing, or the father’s name on the child’s birth certificate. An experienced Kansas Adoption Lawyer will be able to clarify the nuances of the state’s laws regarding adoption, paternity and a father’s rights. Every state is different and if you wish to have a say in whether your child may or may not be put up for adoption, it is crucial that you solidify and legally establish paternity of your child.
Father’s Consent to Adoption
If a father’s rights have been established, they may be required and have the ability to consent to an adoption proceeding. Kansas’s law states that consent to an independent adoption shall be given by:
- The living parents of the child
- One of the parents of the child if the other’s consent is found unnecessary under § 59-2136
- The legal guardian of the child if both parents are dead or if their consent is found to be unnecessary
- The court entering an order under § 38-2270
- The judge of any court having jurisdiction over the child pursuant to the code for care of children if parental rights have not been terminated
Similarly, Kansas’s law also states that if a mother’s new husband, who is not the child’s father (stepfather), wishes to adopt the child and the child has a presumed or established father, the consent of the father must be given to the adoption. There is an exception to this rule of law which states that the aforementioned applies unless the father has failed or refused to assume the duties of a parent for two (2) consecutive years immediately prior to the filing of the adoption petition or is incapable of giving such consent.
If you are the father of a child who is not sure whether his paternity has been legally established, or if your child’s mother wishes to put him or her up for adoption and you object, we can help. Contact an experienced Kansas City Adoption Lawyer with your adoption questions and your rights as a father in Kansas. Adoption can be a stressful and emotional time, and our team of adoption lawyers is here to help ease your worries and assist you in any way we can. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we are able to assist you with your adoption matter.
