The Function Of The Birth Father In An Adoption

in Adoption
The father of a child that is being placed for adoption in Kansas, should understand his rights and obligations in the Kansas adoption process.

He is legally considered the father of a child if he is married to the child's mother or the child is born within 300 days of the termination of the marriage. If after the child's birth he married the mother and acknowledged the child in writing then he is legally considered the biological father. If he consented to being listed on the child's birth certificate or is legally obligated by a promise or court order to support the child, then he is the child's legal father.

Genetic testing may also be used to establish paternity. If the child has lived with him, he has provided regular support, openly declared the child as his own or opened a bank account in the child's name then these factors may be considered by the court.

Once paternity is established a court order is required to revoke parental rights. If he wants to revoke the paternity, he must file a request with the proper court in the child's first year of life. The exception is that if he acknowledged that he fathered the child and he was under 18 years old, then when he turns 18 he has 1 year after his birthday to file that request.

A father has the same legal rights as the birth mother. Usually he is entitled to take custody of the child, so he must be notified of the pending adoption. He must give his consent for the adoption to proceed. If he can't be found to be notified, then usually the information about the adoption must be publicized as part of an abandonment action. Before the adoption is final he can petition the court for custody of the child.

Even if the man is not the biological father but assumed to be the father, if for instance he was married to the mother, then he must be notified during the adoption proceedings. If he is not the biological father, however, his consent may not be required.

He should seek the counsel of a qualified adoption attorney so that he can understand his rights in a Kansas adoption. The adoption process can be complex, so an attorney can best explain his obligations, options, and rights in the adoption process.
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Christine Harrell has 1 articles online

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The Function Of The Birth Father In An Adoption

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This article was published on 2010/12/07