The journey of adoption is complex and filled with emotion and legal intricacies. At our firm, Pamela C. Bratcher, Attorney at Law, we understand the sensitive nature of these proceedings, especially when it comes to birth fathers’ rights in the adoption process. If you are a birth father facing an adoption case in Kentucky, you are likely grappling with many questions. You are not alone, and we have decades of experience to help you navigate this challenging area of law.
Rights As a Birth Father in Kentucky
In general, any time someone fathers a child in Kentucky, he has a handful of basic rights in regard to the child. After a child is born, the father and mother have equal rights to the following:
- Custody of the child,
- Education of the child, and
- Nurturing of the child.
Adoption cuts off all of these birth parent rights. Because an adoption causes such a drastic change in the family dynamic, parties to an adoption must follow certain procedures to make sure birth fathers’ rights in the adoption process are considered.
Does the Birth Father Have to Consent to an Adoption?
Does a birth father have to agree to an adoption? In many cases, yes. Typically, an adoption in Kentucky cannot happen without a birth father’s consent or a chance for him to be heard. However, a birth father’s right to give input depends on his status when the child is born.
A Father’s Rights When He Was Married to the Mother
In general, if a child’s birth parents were married when the child was born, that child cannot be adopted unless the father and the mother consent. If the court has the mother’s but not the father’s consent, it cannot approve the adoption unless the father’s parental rights have been legally terminated after a hearing.
A Father’s Rights When He Was Not Married to the Mother
To adopt a child born out of wedlock, the parties must get the consent of a father who has legally established his paternity. A father in this situation can establish his paternity if one of the following circumstances applies:
- His name is on the birth certificate,
- The mother voluntarily identified him as the father in an affidavit, or
- The court ruled that he was the father after a legal proceeding.
To help ensure that no one forgets to include you in an adoption case, you can add your name to Kentucky’s putative father registry. Fathers who have not established paternity can add their information to this registry. Attorneys and adoption agencies can ask for a search of the registry before adoption proceedings start so that they can give any father on the list notice of the potential adoption. Once again, fathers whose parental rights have been terminated do not have to agree to the adoption of their child.
What Happens If a Birth Father Contests an Adoption?
If a birth father is contesting an adoption, the court can approve the adoption if one of the following conditions applies to the case:
- The father caused or allowed the child to sustain a serious physical injury that was not accidental,
- The father abandoned the child for 90 days or more,
- The father repeatedly caused or allowed the child to sustain emotional harm or physical injuries that were not accidental,
- The father continuously neglected the child’s needs and does not demonstrate the possibility of improvement,
- The father’s parental rights have been terminated in regard to another child, or
- The father was criminally convicted of causing or contributing to the death of another child.
There is a lot of nuance to making one of the determinations above, and we can defend you against unfair allegations.
Does a Biological Father Have Rights After Adoption?
In some cases, there are birth father rights after adoption. Many of these rights cover a father’s or child’s access to information or the possibility of future contact. If a father gives his consent, an adopted child or their offspring might have the right to know more about him or contact him when they become an adult. Also, some fathers and adoptive parents agree to share information with each other while the child is still under 18. We can review the facts of your case, determine what your rights will be after adoption, and enforce your rights whenever a dispute arises.
We Can Protect Your Family
Pamela C. Bratcher, Attorney at Law, understands the emotional and legal challenges of the adoption process. Our firm provides personalized attention and decades of knowledge and skill to help ensure that your interests are protected at every step of an adoption case. Contact us online or by phone to schedule a consultation.