Unmarried Fathers and Adoption Laws
Historically, fathers’ parental rights have been tied to them being married to the baby’s mother at the time of childbirth. A few decades ago, the prevailing opinion in most states was that the unmarried father had no rights in the adoption process. As a result, the courts ignored him and accorded the mother full authority to place the child for adoption. However, the rights of unmarried fathers in the adoption of a child born out of wedlock have undergone fundamental changes in recent years.
What Rights Does a Father Have in regards to Adoption?
One of the most significant parental rights is the right to object or consent to the adoption of one’s child. Generally, a child’s Dekalb County adoption requires the consent of both parents, provided they meet certain requirements. For example, for biological fathers to gain parental rights, including the right to consent or object to the adoption, they must establish paternity and demonstrate a commitment to raising the child.
The parental rights accorded to biological fathers depends on the legal categorization of the father. These categories may include:
Legal Father
The legal father refers to the man married to the child’s mother at the time of conception or birth of the child. It can also refer to the man whose paternity has been determined by a court of competent jurisdiction.
When the parents are not married to one another, other terms may be used to describe the status of the man who may be the biological father. These terms include:
The Putative or Alleged Father
This term refers to a man who is the alleged biological father of the child but whose paternity has not been legally established.
Acknowledged Father
The term refers to a man who has established a father-child relationship by signing an acknowledgment of paternity.
Presumed Father
The term refers to a man who is recognized as the child’s father because they meet certain conditions. These conditions include:
- He was married to the mother, and the child was born during or within 300 days after the marriage ended
- He acknowledges the paternity of the child in writing
- With his consent, he is listed as the father on the child’s birth certificate
- He is obligated to support the child, either voluntarily or by a court order
- He has resided with the child and openly claims the child as his biological child
Rights of Unmarried Fathers With Regard to Adoption
In general, an unmarried father is defined as the child’s biological father who wasn’t married to the mother at the time of the child’s birth. Fortunately, according to the laws in Georgia, the father of the child must be notified upon the child’s birth and of the mother’s adoption plan.
Unmarried fathers are treated differently compared to married fathers in regards to parental rights. Unlike their married counterparts, the paternity of unmarried fathers is not presumed. This means that they must sign an acknowledgment of paternity to establish their parental rights to the child legally.
Once paternity has been established, the father will have a full legal obligation to the child, including paying child support, child visitation rights, gaining custody, and having a say in the adoption process.
During the adoption process, the unmarried father has constitutional rights to:
- Be notified of paternity for a child who’s being put up for adoption
- Participate in the adoption planning
- Participate in interviewing prospective parents
- Select the adopting family
- Receive limited financial support for pregnancy and birthing medical expenses, if applicable
- Receive counseling during and after the adoption process
The father also has the right to be heard in court and initiate a paternity proceeding for child custody if he believes the adoption should not proceed. Under such proceedings, the father may be given custody of the child once they establish paternity and prove that they can care for them independently.
Do You Need a Lawyer to Legitimate Your Child?
Depending on your relationship with the child’s mother, the process of legitimization may be easy or difficult. To better protect your parental rights and the rights of the child, you need to consult an experienced Dekalb County family law attorneys. A family law attorney Dekalb County GA will help you navigate the complex legal landscape and smoothen an otherwise difficult and frustrating process.
Dekalb County Father’s Rights Attorney?
At North Georgia Family Lawyers, LLC, our Dekalb County family law attorney works hard to help fathers establish and protect their parental rights.
Visit our offices today or call us on 4047656445 to get started with the legitimization process.