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I was. Thank god, my bio-father is an abuser but my bio-mom (now my sister) didn't tell him when she let my grandparents adopt me. I don't think it's legal unless his name isn't on the birth certificate.

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14y ago
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11y ago

In the US, no and yes. I believe Utah is the only state where the mother only have the obligation to notify the father of her decision but he can then seek custody and stop the adoption. So getting his consent or give him the custody if she does not wish to parent the child, would be the better choice and prevent suffering for hopeful adoptive parents and waste of money and time in court.

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If the father's paternity has been established legally, no. The court will require his consent to the termination of his parental rights so that the child can be adopted legally.

This is one of the most complicated areas of law. Each state has its own laws regarding unmarried birth father rights concerning an adoption. Reputable adoption agencies take precautions to notify the birth father of an adoption and obtain his consent. Any adoption that takes place without the father's consent is risky. There is always the chance the father will hear about the adoption and he can challenge it if he didn't consent.

Birth parents parental rights must be terminated in court before an adoption can be approved. Courts will ask for the identity of the father so that he can be given notice of the proceeding. The mother will be required to attest to her answers in the petition. A mother who is not truthful in answering that question may cause problems later if the father shows up after somehow hearing of the adoption. The courts generally require a diligent search for the father if the mother reports that his whereabouts are unknown. In that case a notice is published in the local newspaper. Notice by publication could leave the proceeding vulnerable to challenge.

You must seek expert advice in your particular jurisdiction.

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13y ago

In almost all cases you need the mother's consent before the adoption can take place. However, if there are extenuating circumstances, you can at least try. For example, if the mother has abandoned the children and they have not heard from her for a number of years, you may stand a good chance.

Just keep in mind a lot of it depends on the state laws where you live, as well as other things that the judge will take under consideration.

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12y ago

No, the child is his too and he might want to take care of it or someone of his family. If the father is unknown it's different.

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12y ago

No. The child has 2 parents not just one so both need to give their consent.

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12y ago

That is up to the court to decide.

That is up to the court to decide.

That is up to the court to decide.

That is up to the court to decide.

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11y ago

Not if he has been to court for his parental rights. He is the first one in line for guardianship, not other relatives.

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12y ago

That is up to the court to decide.

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10y ago

YES

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Q: Can grandmother be granted custody without fathers consent?
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