Legal Question in Family Law in California
Custody of an unborn child
This subject has to deal with my 22 year old brother and his ex-girlfriend. She is pregnant and has told him she is giving the baby up for adoption with out his consent. He has tried to keep in touch with her but her parents are strong about this adoption. He is living in Washington and she is in California. He doesn't know what he should do or how he should go about getting full custody of his baby girl. What are his rights if she is giving the baby up for adoption????
PLEASE HELP!!!!!
A concerned sister-aunt
1 Answer from Attorneys
Re: Custody of an unborn child
An unmarried birthfather generally has few rights to prevent
an adoption placement by the birthmother. Assuming California law
would apply (which would not necessarily be true if the adoption
is filed in another state), the father would have a right to a hearing
on whether the adoption would serve the child's interests, or the child's
interests are better served by allowing the father to take custody. If the
father were "diligent", and from the moment of paternity did everything possible
to act responsibly as a father, he may have the right to veto the adoption.
In many states, the father will have no rights if he is not registered on the paternity
registry. The father should immediately consult an adoption attorney and take steps to file
for custody, to establish paternity, and to file on all state registries. Every day of delay
harms the father's case.
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