Legal Question in Family Law in California

birthparent's rights

me and my ex-boyfriend are about to have a baby in april. we both live with our parents now. im thinking about giving the baby up for adoption but he doesnt want to. does he have to sign something claiming that he is the father in order to have a say in what happens to the baby? if he doesn't then, what happens if he doesn't sign his consent for the adoption? does that mean he can still get the baby back?


Asked on 1/31/05, 12:26 pm

2 Answers from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: birthparent's rights

You and your exboyfriend were irresponsible in giving life to a child that was not prepared for. Now it is up to both of you to grow up fast by working together towards the baby's best interests. Please put your personal feelings aside and ask the young man to discuss this matter with a counselor to figure out the best possible thing you can do for your child -- probably adoption would be the best thing. But you must be very diplomatic with this man -- it will be a real lesson in maturity for you and you will do it for the sake of your baby.

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Answered on 1/31/05, 9:04 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: birthparent's rights

He will need to sign off on the adoption papers or the adoption will not be valid. If you do not wish to care for the child he has the right to care for the child. Good Luck, Pat McCrary

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Answered on 1/31/05, 12:58 pm


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