You need an experienced adoption attorney who can ensure you’re complying with the laws of the birth mother’s state as well as your own. For instance, some states don’t allow birth mother expenses to be paid directly the birth mother; others put strict limits on the amount that can be paid and for what purpose. The danger is that the money you spend may be deemed as inducement for the birth mother to place which can undo your adoption by invalidating her consent.

You don’t want to violate the Indian Child Welfare Act which requires inquiry into whether the birth mother or presumed father is an eligible member of a Native American tribe. Notice to each federally registered tribe may be required. If not done correctly and there is membership, the tribe may invalidate the adoption up until the day it is finalized.

If you’re adopting a child from another state, you must comply with the Interstate Compact on the Placement of Children. This complicated, paperwork-heavy process can be daunting if you haven’t done it before. Errors on or submission of incomplete paperwork could significantly delay finalizing your adoption.

An experienced adoption attorney knows how to identify the legal status of the child’s father, how to obtain his consent or waiver, and most important, knows how to get a court order dispensing with his consent. Failure to obtain legally binding court orders with respect to all potential birth fathers’ parental rights could undo your adoption should the birth father contest the adoption.

If you’re thinking about placing a child for adoption or want more information about how we can help you build your family through adoption, contact our office today for a complementary 15 minute consultation.

Adopting a stepchild in California can be a relatively easy process. If there’s one really challenging aspect to stepparent adoption, it’s most likely going to be obtaining consent from the absent parent. You might be nervous about contacting your child’s absent parent. Maybe you haven’t seen that parent in years and are afraid of the response you might get. Maybe you’re certain the absent parent will refuse to consent. All of the fears are common and understandable, and the main reason why you should consider working with an attorney to process your stepparent adoption. When you work with us, you won’t have to deal with the absent parent. We will do this for you. Our offices are experts in working with absent parents, many times obtaining consent from the most ardent refusals. In the alternative, we always explore the real possibility of getting a court order to terminate the absent parent’s rights so your stepparent adoption can go forward. We would be happy to talk with you about your situation and how we might help. Call our offices for a 15-minute complementary consultation. And visit our Stepparent Adoption page for more information and FAQs.

If you are pregnant and considering adoption, you are probably trying to understand how your baby’s father fits into an adoption.  In California this will depend on the father’s legal status.  In California, a father is either a presumed, or legal father or an  alleged father.  This post will answer:

• What is an alleged father?
• Is there a difference between an alleged father and a presumed father?
• What rights does the alleged father have?

What is an alleged father?

An alleged father is a man who is not married to the birth mother and his name does not appear on  the baby’s birth certificate.  He is a possible biological father of a child, and his paternity has not been proven with a paternity test.  He is typically the birth mother’s boyfriend or someone she had a one-time encounter with.  A man who drugs and rapes a woman is also considered an alleged father.  Every state has their own definition of this type of potential father.  Many use the term “putative” father.

What is the difference between an alleged father and a presumed father?

A presumed father is the legal father of the child.  This father is either married to the birth mother or his name is on the baby’s birth certificate.  Sometimes he is not the biological father of the child.  A presumed father has more legal rights than an alleged father.  His consent to the adoption is required.  If  he refuses to consent, but does not oppose the adoption, then his right may be terminated through other court action. 

Terminating all potential fathers’ rights is critical in any adoption.  This is true even if the birth mother doesn’t know who the father is, where he lives, or how to get in touch with  him.  It is really important that the birth mother is honest about all potential birth fathers.  An attorney will  address and terminate each man’s rights, if any.  This makes the adoption solid for all parties involved.

What rights does the alleged father have?

California law requires an attorney to serve the alleged father with notice of the adoption.  The notice tells him that the birth mother states he may be the father of the baby.  It also includes the name of the birth mother and when  the baby was or is due to  be born.  The potential father has 30 days to act on the notice.  He must file a court action to establish his parental rights.

 Here are some things to note about an alleged father’s rights under California law:

• He does not have an automatic right to custody, but
• An alleged father gets notice of the adoption plan.  
• He can sign a “Waiver of the Right to Further Notice of Adoption Planning” form 
• This form does not terminate his rights, but
• It is the basis for terminating his rights.  
• He must initiate a legal action if he wishes to rescind his Waiver.

I don’t want to contact the baby’s father, what do I do?

We will handle everything for you.  You  don’t have to contact the father if you don’t want to. Feel free to contact me with questions. I’m happy to help.

Open adoption can work well for birth mothers and adopting parents for a number of reasons. Most important, the baby benefits by having more people love him or her. The baby will likely feel more connected to the world and not abandoned. In open adoption, the child’s fears and fantasies of who the birth parents are will be replaced with “real” people. Birth parents can have an enforecable agreement which will allow them contact and/or information from the adopting parents as to how the child is progressing through life. If the child has specific medical problems, open adoption allows the adopting parents easier access to the birth parents for more information with which to assess and treat. Open adoption can benefit everyone, adopting parents, birth parent, and child alike. Contact us for more information.

We get this question all the time.

Working with us is very different from working with an agency or facilitator. Agencies are bound by law to make the child their first priority, and in essence, the child is their client. Facilitators aren’t licensed by any state agency, so they don’t owe a duty to either the adopting parents or the birth parents.

When you work with a law firm, you are the client; your best interests are our first priority. In terms of outreach, our law offices have extensive resources to seek out birth parents across the state and country.

We receive birth parent referrals from social workers, doctors, clinics, hospitals, facilitators, psychologists, counselors, church groups, through internet resources, and many of our referrals come from our clients and past birth parents. We also receive referrals from other attorneys across the state and country through our membership in various exclusive adoption attorney organizations.