The Out Of Court Consent

The ideal way to deal with birth father rights is for the birth mother to speak with him about what is best for their child. Unfortunately, this does not happen very often because communication has broken down for various reasons.

The next best option is for the adoption attorney to approach him directy and have a straight forward discussion with him about the legal process and the options avaiable to him. The birth father has a right to seek independent legal counsel, and this should be encouraged. This discussion should occur before the birth of the child so that no bonding or attachment has occurred before the birth father makes his decision.

If the birth father decides to consent to the adoption, he will be asked to sign a Birth Father Consent to Adoption form. This is a very specific document which must be prepared by the adoption attorney. The Consent may be signed prior to the birth of the child. The Consent must be signed under oath, and notarized.

It should be noted that sometimes the birth mother is married to a man other than the birth father. When this occurs, the legal husband must also consent to the adoption because the law presumes that he is the father of the child until it is proven that he is not.