Can a Child Be Adopted Without the Father’s Consent?

The decisions we make in life can sometimes lead to having unexpected children. In some cases, adoption might be the best option.

But can a child be adopted without the father’s consent? Sometimes! The correct answer depends on the following factors:

  • Where is the father?
  • What state do you live in?

Where is the Father?

Both the mother and the father have equal rights to a child; however, not every relationship is good. Some women may not be looking to get pregnant, so it may be difficult to reveal to the father that it has happened. 

One situation that can make it challenging to get the father’s consent is if they are abusive. To be able to escape such a case, it’s necessary to seek help from the authorities. Then it can be possible to put your child up for adoption.

Another situation that is also common is when the father of a child has no interest at all in caring for them. So the father might decide to even disappear from the picture. Although this could allow you to put your child up for adoption, keep in mind that they can show up and decide they want custody.

Are you not sure of who the father is? In some cases, the mother may have had sex with someone they don’t know or possibly with multiple men. To put a child up for adoption in these situations, the mother must prove that an effort was made to identify the father.

What State Do You Live in?

The laws that regulate the adoption process aren’t governed by the federal statutes but rather by the laws established in each state. So you need to understand that the requirements to put a child up for adoption in Oklahoma will not necessarily be the same in Florida.

The factors that vary by state on whether a father’s consent is required to put a child up for adoption include the following:

  • Pregnancy period. Some states require proof that the father was informed about the pregnancy. They also take into account the actions of the future father toward the soon-to-be mother during this time.
  • Financial support.  If the father hasn’t provided for the child over a certain period, their consent may not be required. For example, if the father hasn’t provided financially for 12 months in Oklahoma, then consent may not be necessary.
  • Communication. A lack of communication between the father and child for a specific period, in some states, can make it possible to put up a child for adoption without the father’s consent.

With the two latter points, some states include the pregnancy in the time frame to allow for these exceptions.

Every Situation is Unique

Whether a child can be put up for adoption without the father’s consent depends on many variables. Since each situation is unique, it’s important to seek legal assistance. 

Are you looking for a lawyer in Tulsa? Reddy & Feldhake, P.C can provide the help you need, so contact us today for a free consultation.

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