What Are The Rights Of A Birth Father Regarding His Child's Adoption

When a new mother is considering putting her baby up for adoption, it is sometimes believed that she can make this decision all alone. However, this is not the case. If the father of the child wants to take part in making decisions for the child, he also has this right. Even if the father is unaware that the child exists, under family law, he still has these rights once he has been notified. These are some of the rights that a birth father has regarding his child's adoption.

If The Child Will Be Adopted 

A mother can surrender her rights to a child without it affecting the rights of a father. While the mother may want to put the child up for adoption, the father does not have to agree to this. If the father can provide a safe and loving home for the baby, he has every right to raise the child on his own.

What Type of Adoption It Will Be  

If a father agrees to let his child be adopted by another family, he still has the right to decide what type of adoption it will be. Adoptions can be one of two types: open or closed. In an open adoption the birth parents and the adoptive parents know who each other are. The birth parents may also know where their child will be residing once the adoption is final.

In a closed adoption, the information is kept private. Neither the birth parents or the adoptive parents know much about each other. This is often done so that the birth parents or the child will not attempt to have a relationship later in the future. If a birth mother prefers a closed adoption, the birth father still has the right to request that it is left open.

Who Will Adopt The Child

The birth father also has the right to choose which family will adopt his child. Even if the birth mother wants a certain family for the role, the adoption may not take place until a family is found that both birth parents agree on.

If a birth father has not terminated his rights to his baby, he still has the same rights as if he had been in a permanent relationship with the mother and the baby had been planned. Some birth father rights may vary slightly according to the state the child is born in. However, a birth father cannot be forced to cut all ties with his child if he does not wish to do so.


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