Terminology

There are some terms you may come across since states have their own terminology. During adoption, the biological father of the baby may be referred to as the birth, alleged, presumed, reputed, or putative father. Here’s an explanation of these terms.

Legal father refers to a man married to the mother at the time of conception or birth or whose paternity has been otherwise determined by a court.
Putative father refers to a man who is the alleged biological father but whose paternity has not been legally established.
Alleged father is a man who is alleged to be the genetic father but whose paternity has not been determined.
Acknowledged father is a man who has signed an acknowledgment of paternity to establish his father-child relationship .
Adjudicated father designates a man whom a court determines is the father of a child.
Presumed father designates a man who is recognized as the father of a child.

Constitutional Rights of Unmarried Birth Fathers

Remember, unmarried birth fathers have had fewer rights than unmarried birth mothers or married parents. The U.S. Supreme Court did affirm the constitutional protection of a father’s parental rights when he has established a substantial relationship with his child. Substantial relationship is defined as the father’s commitment to the responsibilities of parenthood (i.e., being involved or trying to be involved in the child’s upbringing.)

However, laws regarding the termination of parental rights or adoption proceedings for unmarried fathers are still determined by the individual states.

Registering Paternity

If you want to hold onto your rights as an acknowledged father, the best thing to do is register voluntarily through a state’s established paternity registry or through provisions for voluntary acknowledgment of paternity through the state’s Social Services Department, Registrar of Vital Statistics or other similar entity.

This can ensure certain rights, like the right to receive notice of court proceedings, petitions for adoption, and actions to terminate parental rights.

Work with an experienced adoption attorney to determine your rights in your state. Your attorney can advise you on how to proceed.

Birth Father Role in Adoption

If you agree to the baby’s adoption, there are two paths to consider:

No Involvement: You will be asked to sign a Waiver of Notice or a Denial of Paternity.
Involved in Adoption: You can participate in planning for your baby’s adoption and will be encouraged to provide medical, social and family history information. Your baby’s placement and indeed his or her future will be better and more secure if you, as the biological father, participate in the adoption plan. (The adoption plan is like a roadmap for the process and maps out such details as the type of adoption, characteristics of the adoptive family, and the hospital in which the birth will happen.)

You’ll sign the relinquishment document after the birth when the adoption process and plan are completed.

Have more questions? Contact Us.

Our knowledgeable staff can help answer some of your legal questions and provide you with a referral to an experienced adoption attorney. There are no charges for any of the services provided to acknowledged birth fathers.

Our adoption experts are ready to review your situation and provide information or a referral. Please contact us.

Legally, what are my birth father rights in adoption?*

Terminology

Constitutional Rights of Unmarried Birth Fathers

Registering Paternity

Birth Father Role in Adoption

Have more questions? Contact Us.

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