State - Center for Adoption Policy · · 2005-01-07State Consent: Does father have consent rights? Putative Father: ... biological mother, he may adopt the child without consent

State Consent: Doesfather have consentrights?

Putative Father: Doesstate have a putativefather registry? If so,who qualifies for it?

Contact: Is playing a role inchild’s life a requirement forestablishing paternal rights?How much of a role? Timeframe?

Notice Requirement: Doesfather have a right to noticeof adoption?

Miscellaneous

734145.03-New York Server 7A MSW - Draft August 18, 2004 - 9:56 AM1

Alabama(Uniform ParentageAct)

Presumed father mustgive consent,regardless ofpaternity, under theguidelines of theUniform ParentageAct. Code of Ala.§26-10A-7(a)(3).Consent cannot bearbitrarily withheld.§26-10A-7.However, ifbiological fathersubsequently marriesbiological mother, hemay adopt the childwithout consent ofthe man married tobiological mother attime of conception orbirth of child if courtfinds adoption in thebest interest of thechild. The court shallorder paternity teststo determine the truebiological father.§26-10A-5. Putativefather has consentrights if his identity ismade known by themother or isotherwise madeknown to the courtprovided he providedhe complies withSection 26-10C-1 andresponds within 30days to notice ofadoption petition.§26-10A-7(a)(5).Consent of naturalfather not requiredwhere natural motherindicates naturalfather is unknown,

Putative father registry.Code of Ala. §26-10C.Any person who claims tobe the natural father of achild and files his noticeof intent to claimpaternity prior to orwithin 30 days of the birthof a child born out ofwedlock is registered onthe putative fatherregistry. If he fails to filesuch notice within statedtime period, he shall bedeemed to have given anirrevocable impliedconsent to any adoption.

Consent to adoption orrelinquishment of paternalrights implied by leavingadoptee without provision forhis identification for a periodof 30 days, knowingly leavingthe adoptee with otherswithout provision for supportor communication, orotherwise not maintaining asignificant parentalrelationship with the adopteefor a period of six months.Code of Ala. §26-10A-9(A)(2-3).

Notice must be given to fatherby the mother or otherwise bythe court unless court findsimplied consent as defined inSection 26-10A-9. Code ofAla. §26-10A-17(a)(10).Must respond to notice within30 days of service if he or sheintends to contest theadoption.. §26-10A-17(b).Registration in putative fatherregistry entitles father tonotice of adoption petition andtheir consent orrelinquishment would berequired provided that theyresponded within 30 days ofthe notice of the pendingadoption. Code of Ala. §26-10A-7 citing MVS v. VMD,776 S. 2d 142 (Ala. Civ. App.1999).

Adoption statutes conflict re:whether prebirth conduct isrelevant to implied consent &abandonment Prebirthconduct towards mother isrelevant only toward fitnessas a parent, not abandonment.Code of Ala §26-10A-2 citingEx parte C.V. 1000 Ala.Lexis 500 (Ala. Nov. 172000). But see, 26-10A-9(a),Abandonment includes, butnot restricted to, the failure ofthe father, with reasonableknowledge of the pregnancy,to offer financial and/oremotional support for aperiod of six months prior tobirth.Consent may be withdrawnwithin the later of 5 daysafter signing or birth (may beextended an additional 9days). §26-10A-14(a).





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adoption petition.§26-10A-7(a)(5).Consent of naturalfather not requiredwhere natural motherindicates naturalfather is unknown,unless natural fatheris otherwise madeknown to court. §26-10A-10(6).

Alaska

Consent of father notrequired unless fatherwas married tomother at time childconceived or at anytime after conception,the minor is thefather’s child byadoption, or thefather has otherwiselegitimated the childunder the laws of thestate. Alaska Stat.§25.23.040(a)(2).Consent and noticenot required ifcontact requirementsunder §25.23.050(a)not met, includingfailure to respond inwriting to writtenrequest for consentfor 60 days or courtfinds consentunreasonablywithheld.§25.23.050(a)(8).

No putative father registry.Acknowledgement ofpaternity, therebylegitimating the child, maybe filed at any time prior tothe entry of an adoptiondecree. Filing of adoptionpetition does not precludebiological father from filinga written acknowledgementof paternity. Alaska Stat.§25.20.050 citing In reL.A.H., 597 P.2d 513(Alaska 1979).

Consent to adoption is notrequired for (i) a parent whohas abandoned a child for atleast six months, or (ii) aparent of a child left in thecustody of another if for atleast one year that parent hasfailed significantly tocommunicate meaningfullywith the child or failed toprovide care and support ofthe child. Consent of thechild's father may not bedispensed with even if it is inthe best interest of the child todo so Alaska Stat.§25.23.050(a)(1)&(2).

Notice not required if thecontact requirements under§25.23.040(a) are not met.Alaska Stat. §25.23.050.Rights of notice may berelinquished by parent viatermination of parent and childrelationship authorized by theparent or the court. AlaskaStat. §25.23.180.

Statute precludesconsideration of bestinterests of child indetermining whether a fathermay legitimate the adopteeduring the pendancy ofadoption proceeding and soforecloses adoption absent hisconsent. A biological father'sright to legitimate a child isnot impeded by anysubjective judicial evaluation.Alaska Stat. §25.20.050citing In re L.A.H.

Consent of fatherrequired if father wasmarried to child’smother at time ofconception orbetween conceptionand birth unless hispaternity is excluded

Putative father registry.A.R.S. §8-106.01. Claimsof paternity must be filedprior to birth or within 30days after birth. A.R.S. §8-106.01(B). In addition,when bringing adoptionproceedings, the mother

Paternal rights are based onregistration as a putative fatheror acknowledgement as apotential father, and degree ofcontact is not grounds forstanding in adoptionproceedings. However, failureto maintain a normal parental

Registration as a putativefather entitles father to noticeof adoption proceedings. If amother denies that a registeredputative father is the actualfather, the putative father shallreceive notice of hisresponsibility to establish

Consent to adoption isirrevocable unless obtainedby fraud, duress or undueinfluence. A.R.S. §8-106(D).





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Arizonarequired if father wasmarried to child’smother at time ofconception orbetween conceptionand birth unless hispaternity is excludedor another man’spaternity has beenestablished, the fatherhas adopted the child,or the father’spaternity has beenestablished . A.R.S.§8-106(A)(2). Anadoption cannotproceed when anatural parent doesnot consent unless thecourt terminates thatparent’s rights.A.R.S. §8-106 citingIn re MaricopaCounty, 171 Ariz. 90,(Ct. App. 1991).

A.R.S. §8-106.01. Claimsof paternity must be filedprior to birth or within 30days after birth. A.R.S. §8-106.01(B). In addition,when bringing adoptionproceedings, the mothermust provide the courtwith a signed affidavitlisting all potentialfathers. The affidavit shallattest that all of theinformation contained inthe affidavit is completeand accurate. A.R.S. §8-106(F).

registration as a putative fatheror acknowledgement as apotential father, and degree ofcontact is not grounds forstanding in adoptionproceedings. However, failureto maintain a normal parentalrelationship without just causefor six months is defined asabandonment under A.R.S. 8-531(1), and may be used bythe court as grounds toterminate parental rights.A.R.S. §8-533(B)(1).

father entitles father to noticeof adoption proceedings. If amother denies that a registeredputative father is the actualfather, the putative father shallreceive notice of hisresponsibility to establishpaternity. A.R.S. §8-106.01.Notice shall also be served oneach potential father. Failureto file paternity action within30 days of service of noticebars potential or putativefather from bringing anyaction to assert any interest inthe child. A.R.S. §8-106(G).

irrevocable unless obtainedby fraud, duress or undueinfluence. A.R.S. §8-106(D).

ArkansasFather has consentrights if married tomother at conceptionor "otherwiselegitmat[ised] theminor" Ark. CodeAnn. § 9-9-206,unless rights havebeen terminated bycourt. Ark. CodeAnn. § 9-9-207.Furthermore, fathermust respondwithin sixty days ofreceiving notice ofconsent rights. Ark.Code Ann. § 9-9-207

Arkansas has putativeregistry which containsinformation of malesalleging to be father ofchild (except if presumedor legitimatised father).Putative father mayregister before birth ofchild. Ark. Code Ann. §20-18-702

Playing a role in a child's lifeis a requirement forestablishing paternal rights.Parent will loose rights if forat least a year, he has not (1)communicated with the child,or (2) provided for the careand support of the child. Ark.Code Ann. § 9-9-207

Father has a right to notice,and it must be given twentydays prior to a hearing formales 1) who was married tomother at time of conceptionor otherwise legitimatised thechild; and 2) any "personwhose consent is dispensedwith upon any groundmentioned" in select sectionsof 9-9-207 (which includesindividuals who haveabandoned the child, failed tomaintain a relationship withchild or provide support, orbeen declared mentallydefective.) Ark. Code Ann. §9-9-212

There appears to be adiscrepancy in Ark. CodeAnn. § 9-9-212 in terms ofwho is entitled to notice. It isunclear as to a reason whyindividuals who have hadtheir parental rights dispensedwith (particularly if rightshave been judicially revoked)under Ark. Code Ann. §9-9-207 would still be allow tonotice of adoptionproceeding.





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receiving notice ofconsent rights. Ark.Code Ann. § 9-9-207

child or provide support, orbeen declared mentallydefective.) Ark. Code Ann. §9-9-212

California (UniformParentage Act)

Presumed father mustconsent to adoption.Cal. Fam. Code§8604(a). Fathermust consent toadoption unless hisrights have beenwaived by himself orthe court or the fatherhas been served withwritten notice that heis or could be thenatural father of thechild to be adoptedand has failed tobring an action forpaternity within 30days of the service ofnotice or the birth ofthe child, whicheveris later. Cal. Fam.Code §7662.

No putative fatherregistry. Fulfillment ofcriteria of UniformParentage Act (seeAppendix) createsrebuttable presumption ofpaternity. Cal.Fam. Code§§7611-7612.

Contact required is that underthe Uniform Parentage Act.Cal. Fam. Code §7662 citingIn re Sabrina H 217 Cal. App.3d 702 (4th Dist. 1990).Willful failure to communicatewith the child and to pay forthe support of the child for oneyear when able to do so, thenthe birth parent having solecustody may consent to theadoption Cal. Fam. Code§8604(b).

Natural father or possiblefather identified to the courtmust be provided notice ofproceeding unless has beenserved with written notice thathe is or could be the naturalfather of the child to beadopted and has failed to bringaction for paternity within 30days of service of noticewhichever is later. Cal. Fam.Code §7664(a).

If natural father claimsparental rights, court shalldetermine if it is in the bestinterest of the child that thefather retain his parentalrights or that an adoptionshall be allowed to proceed.If the court finds that it is inthe best interest of the childthat the father should beallowed to retain his parentalrights, his consent isnecessary for an adoption.Otherwise consent is notrequired for an adoption.Cal. Fam. Code §7664(b).

Colorado (UniformParentage Act)

Parent must consentto termination of hisparental rights orhave such rightsterminated by thecourt. C.R.S. 19-5-203. Objectingparent must showwillingness to assumeobligations. 19-5-203 citing People inInterest of SST, 38Colo. App. 110(1976). Consent notrequired where parenthas abandoned child.Citing Neville v.Bracher, 94 Colo.550 (1934).

Putative fathers mayregister, but mother mustattest in writing thatputative father is child’sfather. C.R.S. §25-2-112(3-4) Satisfaction ofUniform Parentage Actcriteria (see Appendix)also creates a presumptionof paternity. C.R.S. 19-4-105(1). Action disputingpresumed paternity mustbe before the child’s 5th

birthday. C.R.S. 19-4-107(1)(b).

Court may terminate parentalrights if in best interest ofchild and parent has notpromptly taken substantialparental responsibility forchild, including answer tonotice and petition toterminate the parent-childrelationship within 30 days ofservice, reasonable support,assistance to mother. C.R.S.19-5-105(3.1)(b-c).

All potential parents shall benotified of adoption petition.C.R.S. 19-5-105(3). A parentwho has abandoned child isnot entitled to notice. 19-5-203 citing Smith v. WelfareDept. 144 Colo. 103 (1960).Abandonment is a casespecific question based on theintent of the parent, but seemsto require that there be nocontact for at least one year.Moreau v. Buchholz, 124Colo. 302 (1951).

When presumptions ofpaternity arise in more thanone potential father, trialcourts must take best interestsof child into account as partof resolving competingpresumptions. C.R.S. 19-4-105 citing NAH v. SLS, 9P.3d 354 (Colo. 2000).





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(1976). Consent notrequired where parenthas abandoned child.Citing Neville v.Bracher, 94 Colo.550 (1934).

birthday. C.R.S. 19-4-107(1)(b).

Colo. 302 (1951).

Connecticut

Only adjudicatedfather’s consent totermination ofparental rights isnecessary underConn. Gen. Stat. §45a-717.

No putative fatherregistry.

Abandonment providesgrounds for termination ofparental rights and occurswhen parent has failed tomaintain a reasonable amountof interest or concern forwelfare of child. Adjudicationof neglect is not a prerequisiteto order terminating parentalrights on the basis ofabandonment. Conn. Gen.Stat. §17a-112

Father entitled to notice oftermination proceedings onlyif has been adjudicated thefather, has acknowledgedpaternity in writing, hasprovided support, nameappears on birth certificate,has filed a claim for paternity,or has been named intermination petition as thefather by child’s mother.Conn. Gen. Stat. §45a-716.

Parental rights must beterminated prior to adoptionproceedings except in casesof adoption by blood relativesor spouses of custodialparents.

Delaware(Uniform ParentageAct)

In most adoptions,parental rights musthave already beenterminated and vestedin state authorizedagency. In the case ofan adoption by astepparent or bloodrelative, thebiological father andany presumed fatherof a child haveconsent rights. 13Del. C. §908. Suchtermination is oftenbased upon consentof the parents. §1106.Consent of fathermay be dispensedwith if in bestinterests of child.§1103. May consentdirectly to adoptionby stepparent orblood relative. §908.Putative father has norights in illegitimatechild, nor any

Under the UniformParentage Act, presumedfather may timely registerat any point up to thirtydays after birth of child ifhe wants notice ofhearings to determineadoption or termination ofparental rights. Presumedfather is not required toregister if either afather/child relationship isestablished or fathercurrently in proceeding todetermine rights. Del.Code Ann. Tit. 13 § 8-402.

Abandonment, which includesintent to abandon as anecessary component,provides grounds fortermination of parental rights,including failure to share inprenatal and postnatal costs orvisit the child if the child isless than 6 months old. Aboveage of six months, lack ofcommunication, willingness tomaintain physical custody fora period of 6 months are somegrounds for abandonment. 13Del. C. §1103.

Notice shall be provided topresumed father regardingtermination proceedings, if thepresumed father has providedsupport, formallyacknowledged or claimedpaternity, or if the courtdetermines that he can beidentified. 13 Del. C. §1107.Notice must be given toputative father who havetimely filed with the putativefather registry. Del. Code Ann.Tit. 13 § 8-403.

Consent to a blood relative orstepparent adoption does notand need not constitute anadmission of paternity. 13Del. C. §908(b)(2)





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§1103. May consentdirectly to adoptionby stepparent orblood relative. §908.Putative father has norights in illegitimatechild, nor anysuperior right toadopt his illegitimatechild. §915 citing Inre A, 226 A.2d863(Del. 1967).

Florida

Consent of fathernecessary only ifchild was conceivedwhile married tomother, child is hisby adoption, themother reasonablybelieves him to be thefather, his paternityhas been adjudicated,he has filed as father,he is party in apaternity suit, or hehas provided childwith support in arepetitive, customarymanner. Fla. Stat.§63.062(1)(b). Seealso 2001 Fl. ALS 3§13 for most recentamendments,included above.


Abandonment is amonggrounds for termination ofparental rights. Fla. Stat. Ch.39.806. But, in In the interestof SAB v. Robert Wilson, 735So. 2d 523(Fla. App. 1999),the court did give priority toconsent rights of natural fatherover an existing paternalrelationship. In case of parentis incarcerated, parental rightsare terminated pursuant to Fla.Stat. Ch. 39.806(1)(d).

Father entitled to notice if hehas rights to consent. Fla. Stat.Ch.63.062. Failure to respondto notice or request for consentto termination of parentalrights waives consent rights.Amended §63.089, delineatedin 2001 Fl. ALS 3 §18.

Georgia

Father of illegitimatechild has no standingwith regard to childunless he legitimateschild in courts.O.C.G.A. §19-7-25citing Hall v. Hall,222 Ga. 820 (1966).Legal father mustconsent totermination ofparental rights. §19-

Putative father registry.Registration mayacknowledge paternity orpossibility of paternity.O.C.G.A.§19-9-11-9.Registry defines whoshould receive notice ofhearings regardingadoption or termination ofpaternal rights.

Failure to communicate orattempt to communicate withchild or to provide for andsupport child for one year orlonger constitutesabandonment and waives rightof consent to adoption.O.C.G.A. §19-8-10(b).

Right of notice to terminateparental rights regardless ofwhether consent is necessaryto adoption. O.C.G.A. §19-8-10(c).





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O.C.G.A. §19-7-25citing Hall v. Hall,222 Ga. 820 (1966).Legal father mustconsent totermination ofparental rights. §19-8-4(a)(1). A legalfather has adopted thechild, was married tomother at birth orconception, marriedto mother after birthand recognizes childas his own, isadjudicated father, orhas legitimated thechild. §19-8-1(6).

Registry defines whoshould receive notice ofhearings regardingadoption or termination ofpaternal rights.

abandonment and waives rightof consent to adoption.O.C.G.A. §19-8-10(b).

Biological father entitled tonotice of adoption if known,registered as putative fatherand has acknowledgedpaternity or possible paternity,or might otherwise meetconsent requirements. §19-8-12.

Hawaii (UniformParentage Act)

Consent required of alegal or adjudicatedfather. HRS §578-2(a)(2-3). Consentrequired of presumedfather if standards ofUniform ParentageAct are met§578-2(a)(4) & (d).Consent of naturalfather required whenfather hasdemonstratedreasonable degree ofinterest during first30 days after birth,prior to execution ofvalid consent bymother, or prior toplacement of childwith adoptiveparents. §578-2(a)(5) Consent ofnatural father notnecessary toterminate parentalrights if contactrequirements are not

No putative fatherregistry, but legal fatherhas rights beyond naturalfather including stricternotice rights. HRS §571-61(b)(4).

No communication whenparent is able to communicatewith child or failure to supportchild for one year or voluntarysurrender of custody and careare grounds for termination ofparental rights withoutconsent.HRS §571-61(b)(1).

If petition to terminate rightsfiled, entitled to notice ofproceedings 20 days prior toadjudication. HRS §571-61(b)(3). Greater burden toprovide presumed or legalfather with notice than naturalfather. §571-61(b)(4). Ifrequired to consent toadoption, then entitled tonotice of proceedings. § 578-2(e)

If the paramountconsideration in any caseinvolving a child born out ofwedlock is the best interestsof the child, there is noreason for a rule which givespreference to the father. HRS§571-61 citing In re Doe II,52 Haw. 448, 478 P.2d 844(1970).





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parents. §578-2(a)(5) Consent ofnatural father notnecessary toterminate parentalrights if contactrequirements are notmet, in the case ofstepfather adoption, iffather has not filed orhas been denied apetition for adoption,or he cannotfinancially supportthe child. HRS §571-61(b)(2).

Idaho

Biological father ispresumed to knowchild may be adoptedwithout his consentunless he strictlycomplies withadoptionrequirements,manifests a promptand full commitmentto his parentalresponsibilities, andestablishes paternity.Idaho Code §16-1504(3)(e). Consentrequired ofadjudicated father,putative father, andbiological father if (i)he has developedmeaningfulrelationship withchild, or (ii) if childis less than 6 monthsold, he hasmanifested a clearcommitment to thechild, includingcommencement ofpaternity

Putative father registry.Failure to register prior tofiling of adoptionproceedings constituteswaiver of parental rights.Idaho Code §16-1513(4).

Monthly visits (as long asphysically and financiallypossible) required to establishmeaningful relationship under§16-1504(1). Idaho Code§16-1504(2(a)(i)(1). Parentalrelationship can be terminatedwithout consent if father failsto maintain normalrelationship for more than oneyear. §16-2005(a).

Entitled to notice if consent isrequired or has startedpaternity proceedings unlessrights have been waivered orterminated. Idaho Code §16-1505 (1)(a & b).

An unmarried biologicalfather has an interestprotected only when hedemonstrates commitment tothe responsibilities ofparenthood, during pregnancyand upon child's birth.Unmarried biological fatherrequired to demonstrate thatcommitment by providingappropriate medical care andfinancial support and byestablishing legal paternity.Idaho Code § 16-1504(2)(a,b).





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is less than 6 monthsold, he hasmanifested a clearcommitment to thechild, includingcommencement ofpaternityproceedings. §16-1504(1)(d, e &i)

Illinois

Consent of fatherrequired if married tomother at birth ofwithin 300 days priorto birth, adjudicatedfather, has heldhimself out to bebiological fatherwithin 30 days ofbirth, has made agood faith effort tocontribute toexpenses of child’sbirth and 30 daysafter birth, or hasmaintainedsubstantial andcontinuous contactwith child. 750 ILCS50/8(b)(1)(B).Putative father mustconsent if within 30days of registration,he has filed toestablish paternity.8(b)(1)(B)(vii),

Putative father registry.750 ILCS 50/12.1. Mustregister prior to or within30 days after child’s birth.12.1(b). A lack ofknowledge of pregnancyor birth is not valid reasonfor failure to register in atimely manner. 12.1(g).

Monthly visits or regularcommunication are required,along with support, toestablish substantial andcontinuous contact with thechild. 750 ILCS50/8(b)(1)(B)(v).

Right of notice to putativefather of adoptionproceedings. 750 ILCS50/12a.

Indiana

Consent required ofadjudicated orregistered putativefather. Burns Ind.Code Ann. IC 31-19-9-1(2). Consent ofputative fatherimplied if he fails tofile a paternity actionwithin 30 days ofnotice of adoption

Putative father registry.Must file within 2 yearsof birth unless: bothparents waive 2 yearperiod, father hasprovided support, motheror state agency filespetition after heacknowledges paternity inwriting, motheracknowledges paternity in

Lose consent rights in cases ofabandonment for 6 monthsimmediately prior to adoptionproceedings or, if the child isin custody of another for atleast one year, failure tosupport the child andcommunicate significantlywith child during that period.Burns Ind. Code Ann. IC 31-19-9-8(1).

Failure to register as putativefather waives right to notice.Burns Ind. Code Ann. IC 31-14-20-2.

Presumed biological father if:the man and the child'sbiological mother are or havebeen married to each other;and child is born during themarriage or not later thanthree hundred (300) daysafter the marriage isterminated by death,annulment, or dissolution.Burns Ind. Code Ann. IC 31-





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Code Ann. IC 31-19-9-1(2). Consent ofputative fatherimplied if he fails tofile a paternity actionwithin 30 days ofnotice of adoptionproceedings. BurnsInd. Code Ann. 31-19-9-12(1)(B).

period, father hasprovided support, motheror state agency filespetition after heacknowledges paternity inwriting, motheracknowledges paternity inwriting, fatherincompetent at birth, orcannot be served withsummons during 2 yearperiod. Burns Ind. CodeAnn. IC 31-14-5-3.

in custody of another for atleast one year, failure tosupport the child andcommunicate significantlywith child during that period.Burns Ind. Code Ann. IC 31-19-9-8(1).

and child is born during themarriage or not later thanthree hundred (300) daysafter the marriage isterminated by death,annulment, or dissolution.Burns Ind. Code Ann. IC 31-14-7-1.

Iowa

Father or putativefather must consentto termination ofparental rights unlesshe has been found tohave abandoned thechild. [makes nomention of consentfrom putative father]Iowa Code §232.116.

Putative father registry.Registration must occurno later than the date ofthe filing of the petitionfor termination of parentalrights. Iowa Code§144.12A.

Parental rights may beforfeited via abandonmentunless father has substantial &continuous or repeated contactwith child including supportand visits or regularcommunication. Iowa Code§600A.8.

Registered putative fathersentitled to notice oftermination proceedings.Iowa Code §600A.5.

Parental rights must beterminated prior to adoptionproceedings except in thecase of consensual, step-parent adoption. Iowa Code§600.3.

Kansas(Uniform ParentageAct)

Living parents mustconsent to adoptionabsent a contrarycourt ruling. K.S.A.§59-2129. If a fatherwishes to assert hisparental rights, thecourt will considerissues ofabandonment, fitness,contact and support.§59-2136(h).


Consent and notice rights areaffected by abandonment,reasonable efforts to supportand communicate with thechild, having knowledge ofpregnancy yet failing tosupport mother in 6 monthsprior to birth, failing to orrefusing to assume duties of aparent for 2 years prior toadoption proceedings. K.S.A.§59-2136 (e & h).

Entitled to notice if motherfiles to terminate father’sparental rights as long ascontact requirements arefulfilled, or if presumed orlegitimate father, or co-habitated with mother at timeof birth or conception. K.S.A.59-2136(e).

Consent required ofadjudicated father, oranyone assertingpaternity by affidavit.KRS §199.500

Yes, Kentucky's registrycontains information andnames of putative fathersto 1) assist withestablishing paternity and2) ease search for absentor custodial parent. Ky.

No specific contactrequirements. Same questionas Putative Father section.

Parties to adoption are broughtbefore the court. A "father" isconsidered a party if he hasasserted paternity or has hadpaternity asserted by mother inaffidavit, or has been marriedor cohabitated with mother,





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Kentucky

adjudicated father, oranyone assertingpaternity by affidavit.KRS §199.500

contains information andnames of putative fathersto 1) assist withestablishing paternity and2) ease search for absentor custodial parent. Ky.Rev. Stat. Ann. § 205.730

requirements. Same questionas Putative Father section.

before the court. A "father" isconsidered a party if he hasasserted paternity or has hadpaternity asserted by mother inaffidavit, or has been marriedor cohabitated with mother,and/or supported the child. Ifso, no guardian ad litem needbe appointed to represent thechild to be adopted. KRS§199.480(1).

Louisiana

Adjudicated oralleged father mayattempt to opposeadoption within 15days of notice ofsurrender of parentalrights by mother. La.Ch.C. Art. 1137.

Putative father registryopen to all those claimingpaternity of a child bornout of wedlock, whosepaternity has not beenadjudicated. [Notmentioned] La. R.S.9:400.

Consent rights determined atopposition based on supportfor child & mother before &after birth, frequent &consistent visitation afterbirth, and willingness &ability to assume legal andphysical care of child.Otherwise paternal rights willbe terminated. La. Ch.C. Art.1138.

Alleged or adjudicated fatherwill be notified of mother’spetition to surrender child. La.Ch.C. Art. 1132.





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Maine

Living parents mustconsent to adoption.Putative father isdeprived of consentrights if he fails torespond to notice ofadoption bypetitioning forparental rights, failsto obtain parentalrights, waived notice,or holds no parentalrights under laws of aforeign jurisdictionwhere the adopteewas born. Me. Rev.Stat. Ann. Tit. 18-A§§ 9-302, 9-201(D).

No putative fatherregistry. (Discussion ofputative father does notimply registered paternity,but is merely the termused by the State ofMaine to refer to thepresumed father of achild.))

Petition for parental rightstakes into account biologicalparentage, willingness andability to protect child fromjeopardy, abandonment, andwillingness to takeresponsibility for child. Me.Rev. Stat. Ann. Tit. 18-A § 9-201(I).

Putative father will receivenotice of adoption proceeding.To oppose, father mustpetition for parental rightswithin twenty days ofreceiving notice or longer iforder by judge. Me. Rev. Stat.Ann. Tit. 18-A §9-201(B) &(D).

Maryland

Natural father mustconsent to adoptionin most cases. MD.Code Ann., Fam. Law§. §5-311. Naturalfather is defined asone who was marriedto natural mother atconception or birth,named on birthcertificate unlessdenies paternity tocourt's satsifaction,identified as father bynatural mother,adjudicated father, orone who has assertedpaternity to whichnatural motheragrees. MD. CodeAnn., Fam. Law §5-310(a). The courtwill override consentrights in cases offailure to meetcontact requirements.MD. Code Ann.,Fam. Law §5-313.


Failure to meet contactrequirements can void consentrights. If relationship is not inbest interest of child, consentrights can be revoked. SeeWashington County Dep't ofSocial Servs. v. Clark, 461 A.2d 1077. Abandonment isdefined as unknown parents orfailure of either parents toclaim parentage for twomonths. Contact requirementsoutside abandonment includemaintained regular contactunder a plan to re-unite,support, and regularcommunication with custodianof child financial support toextent able and regularcommunication. MD. CodeAnn., Fam. Law §5-313.

Notice of adoptionproceedings to natural parents.MD. Code Ann., Fam. Law §5-322





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310(a). The courtwill override consentrights in cases offailure to meetcontact requirements.MD. Code Ann.,Fam. Law §5-313.

Massachusetts(Uniform ParentageAct)

Consent required oflawful parents. Incases of illegitimatechild, consentrequired only ofmother andadjudicated orregistered as putativefather (who hasacknowledgedpaternity). Mass.Ann. Laws Ch 210§2.

Putative father registry.Registration requiressignatures of both parents.Mass. Ann. Laws ch. 209§5. May register by filingdeclaration seeking toassert responsibilities offatherhood prior totermination or surrenderof mother’s parentalrights. Mass. Ann. Lawsch. 210 §4A.

"Willfully desert[ing] orneglect[ing] to provide propercare and maintenance for oneyear" prior to petition mayvoid consent rights. Mass.Ann. Laws ch. 210 §3 cited byIn re Adoption of Minor343Mass 292, 297 (1961).Moreover, Mass. Ann. Lawsch. 210 § states failure toprovide proper care or custodyfor the child and withinreasonable time consideringage of child, effects parentalrights.

Known father will be notifiedof adoption, even if he doesnot have standing for consent.–Mass. Ann. Laws ch. 210 §4.Notice may be forfeited due tofailure to meet contactrequirements. Consent notrequired if child is 18 years orolder or deemed unnecessaryby the court. ch. 210 §3.

Michigan

Both parents mustconsent to adoptionunless parental rightshave been terminated.Mich. Comp. Laws§710.43 (1)(a).When a putativefather refuses toconsent, the courtmay take into accountthe best interests ofthe child and overrulenon-consentincluding situationsin which the fatherhas not established arelationship with thechild prior toinitiation of adoptionproceedings. Mich.Comp. Laws §710.39.

Before birth of child, afather may file a notice toclaim paternity and beknown as the presumedfather of child, thusentitled to notice of anyhearing with child re:identity of father andtermination of paternalrights Mich. Comp. Laws§ 710.33.

Custodial relationship of thechild or substantial and regularsupport and care prior to andafter birth considered by thecourt. If such relationshipfound to exist 90 days prior toadoption proceedings, father’snon-consent usually cannot beoverruled except if violates thebest interest of child orpaternal rights have beenrevoked. Mich. Comp. Laws§710.39. Moreover parentalrights can be revoked ifneglect or fail to support orcontact child for two yearsprior to filing petition. Mich.Comp. Laws § 710.51. Thecourts have determined thatthe best interest of childincludes among other factors:love, affection, and emotional

Registered putative father orunregistered but presumedfather shall be given notice ofproceedings to identify fatherand terminate parental rights ifmother has released herparental rights. If not notifiedof release proceedings or iffather has filed notice to claimpaternity, will receive noticeof subsequent adoptionproceedings. Putative fathernot served with notice ofintent to release or consent atleast thirty days before theexpected date of confinement,should receive notice ofadoption proceedings. Also,any male that may be thefather, is entitled to notice.Mich. Comp. Laws §710.36





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has not established arelationship with thechild prior toinitiation of adoptionproceedings. Mich.Comp. Laws §710.39.

contact child for two yearsprior to filing petition. Mich.Comp. Laws § 710.51. Thecourts have determined thatthe best interest of childincludes among other factors:love, affection, and emotionalfiles' provide food, clothingand medical care, and a stablehome. In re Barlow 273 N.W.2d 35 (Mich 1978).

expected date of confinement,should receive notice ofadoption proceedings. Also,any male that may be thefather, is entitled to notice.Mich. Comp. Laws §710.36

Minnesota

The putative fatherhas consent rightsMinn. Stat. §259.52.Others may haveconsent rights if theymeet the standardsfor notice. Minn.Stat. §259.49.

Putative father registry.Must register within thirtydays of birth of child.Minn. Stat. §257.74.

Failure to comply with dutiesof parent/child relationship isgrounds for termination of thatrelationship without consent.Such failure includesprovision of support, shelter,education, and other basiccare. Minn Stat.§260C.301(b).

Notice to putative fathers, whoupon notice of proceedingmay initiate or deny paternitywithin thirty days. Minn. Stat.§ 259.52. Also notice to fatherwho have not registered ifappears in birth certificate,supported child, married orcohabitated with mother, isadjudicated father, initiatedpaternity action within thirtydays of birth, or with themother, signed a declaration orrecognition of paternity. MinnStat. §259.49.

MississippiNatural parents mustconsent to adoption.However, unwedfather is notconsidered a parentand thus has noconsent rights. Miss.Code Ann. §93-17-5.Father of child bornout of wedlock,father has consentrights if he hasshowed a fullcommitment to theresponsibilities ofparenthood withinthirty days of birth ofchild. Miss. CodeAnn. § 93-17-5 (3).


It must be proven that thealleged father is fullcommitted to theresponsibilities of parenthoodeither by: (a) Providingfinancial support, "including,but not limited to, the paymentof consistent support to themother during her pregnancy,contributions to the paymentof the medical expenses ofpregnancy and birth, andcontributions of consistentsupport of the child after birth;that he frequently andconsistently visited the childafter birth; and that he is nowwilling and able to assumelegal and physical care of thechild; or (b) was willing to

Notice to those whose consentis required. Miss. Code Ann.§93-17-5.





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commitment to theresponsibilities ofparenthood withinthirty days of birth ofchild. Miss. CodeAnn. § 93-17-5 (3).

support of the child after birth;that he frequently andconsistently visited the childafter birth; and that he is nowwilling and able to assumelegal and physical care of thechild; or (b) was willing toprovide such support and tovisit the child and that hemade reasonable attempts tomanifest such a parentalcommitment, but was thwartedin his efforts by the mother orher agents, and that he is nowwilling and able to assumelegal and physical care of thechild." If the father has methis parental responsibilities, hethen may either object orconsent to adoption. Howeverif the father was unable todemonstrate that he has methis parental responsibilities, hewill have no right to object toan adoption. Miss Code Ann.§ 193-17-6.

Attempts to establish arelationship, including filing apaternity action may cause acourt to grant notice andconsent rights. Smith v.Malouf, 722 So. 2d 490 (Miss.1998).

Missouri

Consent of presumedfather required if hehas filed paternityaction within fifteendays of birth orregistered as putativefather within fifteendays of birth. Mo.Rev. Stat. §453.030.No consent rights ifnot presumed father

Putative father registry foradjudicated fathers andthose who file notice ofan intent to claimpaternity. Mo. Rev. Stat.§192.016.1.

Willful and substantialabandonment or failure toprovide necessary care andprotection for sixty days if thechild is less than one year oldor six months thereafter voidsconsent rights. Mo. Rev. Stat.§453.040.

Written consent of putativefathers who have filed a noticeof intent to claim paternity oracknowledgement of paternity,and those who have filedpaternity action within fifteendays of birth entitled to notice.Mo. Rev. Stat. §453.030.3(2)(c)





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days of birth orregistered as putativefather within fifteendays of birth. Mo.Rev. Stat. §453.030.No consent rights ifnot presumed fatherand no assertion ofpaternity, or ifunknown at time ofadoptionproceedings. Mo.Rev. Stat. §453.040.

paternity. Mo. Rev. Stat.§192.016.1.

child is less than one year oldor six months thereafter voidsconsent rights. Mo. Rev. Stat.§453.040.

and those who have filedpaternity action within fifteendays of birth entitled to notice.Mo. Rev. Stat. §453.030.3(2)(c)

MONTANA Father has consentrights if the husbandof the child's motheror if rights have beenestablished by theCourts. Mont.Code Ann. § 42-2-301. Consent is notrequired if father isdetermined to beunfit by the court,or if father deniespaternity or interestin child. Mont.Code Ann. § 42-2-302.

Montana offers a putativefather registry. Fathermust register with thePutative Father registry,in order to receive noticeof proceedings whichcould terminate parentalrights. Father mustregister within seventy-two hours of the birth ofthe child. Mont. CodeAnn. § 42-2-206

Playing a role in the life of achild is a requirement forestabilishing paternal rights.In order to avoid having hisparental rights revoked, fathermust show he has met theminimum criteria of Mont.Code Ann. § 42-2-610.Mont. Code Ann. § 42-2-208.Mont. Code Ann. § 42-2-610provides that the fathermust demonstrate: 1) thathe has timely establishedthe relationship; 2)acommitment to theresponsibilities ofparenthood by providingfinancial support inaddition to maintainingregular contact with thechild and visiting the childmonthly; 3) a desire toobtain legal and/orphysical custody of thechild. If the child is undersix months of age, fathermust show in addition tothe above listed criteria,that he provided funds tosupport the mother duringher pregnancy. Mont. Code

Registered putative father isentitled to notice ofproceeding. Mont. CodeAnn. § 42-2-206





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six months of age, fathermust show in addition tothe above listed criteria,that he provided funds tosupport the mother duringher pregnancy. Mont. CodeAnn. § 42-2-610

NEBRASKA

Father’s consent toadoption not requiredif father fails totimely file a notice ofintent to claimpaternity with thebiological fatherregistry. Neb. Rev.Stat. § 43-104.04.However,"[w]henever a childis born out ofwedlock . . . theagency or attorneycontacted [by thebiological mother]shall … attempt toinform the biologicalfather of his right toexecute arelinquishment andconsent to adoption…." Neb. Rev. Stat.§43-104.08. Failure todo so could threatenthe legal validity ofany adoptiveplacement of thechild. Neb. Rev. Stat§ 43-104.10.If anotice of intent toclaim paternity istimely filed with thebiological fatherregistry, either theclaimant-father, themother, or her agentspecifically

Nebraska has a"Biological FatherRegistry" established bythe Department of Healthand Human ServicesFinance and Support.Neb. Rev. Stat. § 43-104.01(1). A personclaiming to be the fatherof a child and who intendsto claim paternity shallfile, with the biologicalfather registry maintainedby the Department ofHealth and HumanServices Finance andSupport, a notice of intentto claim paternity withinfive business days afterthe birth of the child, orwithin five business daysafter receipt the noticeregarding adoption-related proceedings,whichever is later, Neb.Rev. Stat.§ 43-104.02.

The court shall determine thatthe biological father's consentis not required for a validadoption of the child upon afinding of one or more of thefollowing: (1) The fatherabandoned or neglected thechild after having knowledgeof the child's birth; (2) Thefather is not a fit, proper, andsuitable custodial parent forthe child; (3) The father hadknowledge of the child's birthand failed to providereasonable financial supportfor the mother orchild; (4) The fatherabandoned the mother withoutreasonable cause and withknowledge of the pregnancy;(5) The father had knowledgeof the pregnancy and failed toprovide reasonable support forthe mother during thepregnancy; … (7) Notice wasprovided and the father failedto timely file an intent to claimpaternity; (8) The father failedto timely file a petition toadjudicate his claim ofpaternity. Neb. Reb. Stat. §43-104.22

The following have the rightto receive notice regardingexecuting a relinquishmentand consenting to adoption ordenying paternity and waivingof rights: any personadjudicated to be thebiological father of the child;any person who has filed apaternity claim for notificationpurposes or a notice of intentto claim paternity; any personwho is recorded on the child'sbirth certificate as the child'sfather; any person who mightbe the biological father of thechild who was openly livingwith the child's biologicalmother within the twelvemonths prior to the birth of thechild; any person who hasbeen identified as thebiological father or possiblebiological father of thechild; any person who wasmarried to the child'sbiological mother within sixmonths prior to the birth of thechild and prior to theexecution of therelinquishment; and any otherperson who the agency orattorney representing thebiological mother may havereason to believe may be thebiological father of the child.Neb. Rev. Stat. § 43-104.12.





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timely filed with thebiological fatherregistry, either theclaimant-father, themother, or her agentspecificallydesignated in writingshall, within thirtydays after filing thenotice, file a petitionfor an adjudication ofthe claim ofpaternity. If such apetition is not filedwithin thirty daysafter filing the notice,the claimant-father'sconsent to adoptionof the child shall notbe required, he is notentitled to any furthernotice, and anyalleged parentalrights of theclaimant-father shallnot be recognizedthereafter in anycourt. Neb. Rev. Stat.§ 43-104.05.

43-104.22 attorney representing thebiological mother may havereason to believe may be thebiological father of the child.Neb. Rev. Stat. § 43-104.12.

Written consent tothe proposedadoption is requiredfrom both parents ifboth are living. Nev.Rev. Stat. Ann §127.040. Consent of aparent to an adoptionshall not be necessarywhere parental rightshave been terminatedby an order of a courtof competentjurisdiction.

No putative fatherregistry. A man ispresumed to be the naturalfather of a child if: (a) Heand the child's naturalmother are or have beenmarried to each other andthe child is born duringthe marriage, or within285 days after themarriage isterminated, (b) He and thechild's natural motherwere cohabiting for atleast 6 months before theperiod of conception andcontinued to cohabit

The primary consideration inany proceeding to terminateparental rights must bewhether the best interests ofthe child will be served by thetermination. An order of thecourt for termination ofparental rights include afinding that: the best interestsof the child would be servedby the termination of parentalrights; and the conduct of theparent or parents demonstratedat least one of the following:(a) Abandonment of the child;(b) Neglect of the child; (c)Unfitness of the parent; (d)

Notice of the proceeding mustbe given to every personidentified as the natural fatheror a possible natural father.Nev. Rev. Stat. Ann. §128.150.





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NEVADA

have been terminatedby an order of a courtof competentjurisdiction.Nev. Rev. Stat. Ann §127.090. If a motherrelinquishes orproposes torelinquish foradoption a child whohas a presumed fatheror a father whoserelationship to thechild has beendetermined by a courtand the father has notconsented to theadoption of the childor relinquished thechild for adoption, aproceeding must bebrought and adetermination madeof whether a parentand child relationshipexists and if so, if itshould be terminated.Nev. Rev. Stat. Ann. §128.150.

marriage isterminated, (b) He and thechild's natural motherwere cohabiting for atleast 6 months before theperiod of conception andcontinued to cohabitthrough the period ofconception, (c) Before thechild's birth, he and thechild's natural motherhave attempted to marryeach other, (d) While thechild is under the age ofmajority, he receives thechild into his home andopenly holds out the childas his natural child,(e) Blood tests or tests forgenetic identificationshow a probability of 99percent or more that he isthe father. Nev. Rev. Stat.Ann. § 126.051.

by the termination of parentalrights; and the conduct of theparent or parents demonstratedat least one of the following:(a) Abandonment of the child;(b) Neglect of the child; (c)Unfitness of the parent; (d)Failure of parental adjustment;(e) Risk of serious physical,mental or emotional injury tothe child if he were returnedto, or remains in, the home ofhis parent or parents; (f) Onlytoken efforts by the parent orparents: (1) To support orcommunicate with the child;(2) To prevent neglect of thechild; (3) To avoid being anunfit parent; or (4) Toeliminate the risk of seriousphysical, mental or emotionalinjury to the child; or (g) Withrespect to termination of theparental rights of one parent,the abandonment by thatparent. Nev. Rev. Stat. Ann. §128.105. "Abandonment of achild" means any conduct ofone or both parents of a childwhich evidences a settledpurpose on the part of one orboth parents to forego allparental custody andrelinquish all claims to thechild. Nev. Rev. Stat. Ann. §128.012. The typical kinds of conductwhich constitute abandonmentare the withholding of parentalpresence, love, care, filialaffection and support andmaintenance. The conductmust be intentional and mustshow a settled purpose torelinquish all parental rights inthe child. Sernaker v. Ehrlich,





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presence, love, care, filialaffection and support andmaintenance. The conductmust be intentional and mustshow a settled purpose torelinquish all parental rights inthe child. Sernaker v. Ehrlich,86 Nev. 277, 468 P.2d 5(1970).

NEW HAMPSHIRE

Consent to anyproposed adoptionmust be obtainedfrom the legal fatherand the natural father,provided that he wasfound to be entitledto notice and found tobe entitled to theright to consent.R.S.A. § 170-B:5.Consent to adoptionis not required of theunwed father who isnot entitled to noticeor the right to consentor a parent whoseparental rights havebeen terminated byorder of the court.R.S.A. § 170-B:6.

New Hampshire does nothave a putative fatherregistry. Paternity shallbe established upon thefiling of either a petitionto the court and thegranting of such petitionby the court or anaffidavit of paternity.Theaffidavit of paternity shallhave the legal effect ofestablishing paternitywithout requiring furtheraction. R.S.A. § 168-A:2.The putative father of anychild born out of wedlockmay apply to the court bya written petition prayingthat such child bedeclared legitimate. Theeffect of legitimation shallbe to impose upon thefather all the obligationswhich fathers owe to theirlawful issue. R.S.A. §460:29. A person whoclaims to be the father andwho has filed notice of hisclaim of paternity with theoffice of child supportenforcement may file anotice form indicating theclaimant's willingness andintent to support the childto the best of his ability.The notice form may befiled prior to the birth of

The father of a child which isor may be born of unwedparents is liable to the sameextent as the father of a childborn in wedlock, whether ornot the child is born alive, forthe reasonable expense of themother's pregnancy andconfinement and for theeducation and necessarysupport of the child. A childborn of unwed parentsincludes a child born to amarried woman by a manother than her husband. R.S.A.§ 168-A:1. Parental rightsmay be terminated if theparent has abandoned thechild. It shall be presumed thatthe parent intends to abandonthe child who has been left byhis parent without provisionfor his identification or whohas been left by his parent inthe care and custody ofanother without any provisionfor his support, or withoutcommunication from suchparent for a period of 6months. If in the opinion ofthe court the evidenceindicates that such parent hasmade only minimal efforts tosupport or communicate withthe child, the court maydeclare the child to beabandoned. R.S.A. § 170-C:5.

The following persons shall begiven notice by the court andshall have the right to requesta hearing to prove paternity: aperson named by the naturalmother in an affidavit filedwith the court; the natural orlegal father, if his identity isknown; a person who claimsto be the father and who hasfiled notice of his claim ofpaternity with the office ofchild support enforcement; aperson who is openly livingwith the child or the child'smother and providing financialsupport to the mother or childand who is holding himself outto be the child's father.Any person entitled to noticeshall be provided 30 days fromthe date of notice to request ahearing at which he shall havethe burden of proving that heis the father of the child. Thefailure to request such hearingwithin 30 days from the dateof notice shall result in aforfeiture of all parental rightsand any right to notice of anyadoption proceedingsconcerning the child. R.S.A. §170-B:5-a. After the filing of apetition to adopt a minor,notice shall be given by thecourt to the parents of the





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enforcement may file anotice form indicating theclaimant's willingness andintent to support the childto the best of his ability.The notice form may befiled prior to the birth ofthe child but must be filedprior to the mother'srights being voluntarilyrelinquished orinvoluntarily terminated,or the mother consentingto an adoption. Failure tofile the notice prior to thistime shall bar the allegedfather from thereafterbringing an action toestablish his paternity ofthe child, and shallconstitute anabandonment of said childand a waiver of any rightto a notice of hearing inany adoption proceedingconcerning the child.R.S.A. § 170-B:5-a.

the court the evidenceindicates that such parent hasmade only minimal efforts tosupport or communicate withthe child, the court maydeclare the child to beabandoned. R.S.A. § 170-C:5.

adoption proceedingsconcerning the child. R.S.A. §170-B:5-a. After the filing of apetition to adopt a minor,notice shall be given by thecourt to the parents of thechild, provided that the parent-child relationship has not beenterminated by court action orvoluntary relinquishment. Thehearing shall take place nosooner than 7 days afterservice of notice. R.S.A. §170-B:13.

NEW MEXICO

Consent of presumedfather andacknowledged fatherrequired for adoption.N.M. Stat. Ann.§32A-5-17. Consentnot required ifparental rights havebeen terminated bylaw, father has failedto respond to noticeof adoptionproceeding, oralleged father whohas failed to registerwith the putativefather registry withinten days of thechild’s birth and is

Putative father registry.N.M. Stat. Ann. § 32A-5-20. Must register toinvoke consent rights inadoption proceeding.N.M. Stat. Ann. § 32A-5-19. A man is presumed tobe the natural father of achild if he is or has beenmarried to the child’smother or has attemptedto marry the mother, hehas acknowledged hispaternity in writing filedwith bureau of vitalstatistics, or he openlyholds child out as his ownand has established apersonal, financial or

Yes, if after parent is servedwith notice and remainsunresponsive, then parentalrights are consideredrelinquished or consent toadoption given, if for example,the parent left child withoutprovisions of support andcommunication for a period ofthree-months if child is underthe age of six, and six monthsif the child is over the age ofsix years. N.M. Stat. Ann. §32A-5-18. Moreover theCourts have recognizedAbandonment of parentalrights when a parent showsconscious disregard of theirparental duties which in turn

Father whose consent toadoption is required is entitledto notice of petition foradoption. Father must be anacknowledged father toreceive notice. N.M. Stat.Ann. § 32A-5-27. The allegedfather, and parents whoserights are relinquished orterminated, shall not be servedwith notice. N.M. Stat. Ann. §32A-5-27.. Although Statute32A-5-20, which concernsPutative Fathers, does notdirectly address whether thePutative Father is entitled tonotice, Lexis-Nexis referencesa judicial decision whichstates that the putative Father





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proceeding, oralleged father whohas failed to registerwith the putativefather registry withinten days of thechild’s birth and isnot otherwise theacknowledged father,N.M. Stat. Ann.§32A-5-19, byhaving his name onbirth certificate, heldout the child as hisown, or supported thechild pursuant tocourt order. N.M.Stat. Ann. § 40-11-5(A).

has acknowledged hispaternity in writing filedwith bureau of vitalstatistics, or he openlyholds child out as his ownand has established apersonal, financial orcustodial relationship withthe child. N.M. Stat. Ann.§ 40-11-5.

six years. N.M. Stat. Ann. §32A-5-18. Moreover theCourts have recognizedAbandonment of parentalrights when a parent showsconscious disregard of theirparental duties which in turnleads to a destructive relationbetween the parent and child-failure to support is a factortoward establishingabandonment, but needs to belinked to other circumstances.In re Adoption of Doe, 676P.2d 1329, 1332 (N.M. 1984).

32A-5-20, which concernsPutative Fathers, does notdirectly address whether thePutative Father is entitled tonotice, Lexis-Nexis referencesa judicial decision whichstates that the putative Fatheris not entitled to notice ofadoption proceeding andconsent it not requited foradoptions. See Ex parteWallace 190 P. 1020 (N.M.1920). Father has 20 daysafter receiving notice tocontest the adoption. N.M.Stat. Ann § 32A-5-27.

NORTHCAROLINA

Father’s consentrequired for adoptionif he establishespaternity by marryingor being married tothe mother when thechild was born, bytrying to marry themother, bylegitimating the child,by acknowledging hispaternity andsupporting the childand attempting tovisit or communicatewith the motherand/or child. N.C.Gen. Stat. §48-3-601.Consent not requiredif parental rights havebeen terminated,father deniespaternity or disclaimsinterest in the child,or father fails torespond to notice ofadoption proceeding

Putative father of anychild born out of wedlockmay apply by writtenpetition filed in a specialproceeding for such childto be declared legitimate.N.C. Gen. Stat. § 49-10.But legitimization doesnot invalidate sufficiencyof consent of motheralone, nor make necessarythe consent of father toadoption if consent notrequired under 48-3-603N.C. Gen. Stat. § 49-13.1(2003). In otherwords, if child is notlegitimized prior tosigning of adoptionconsent, then the mother'sconsent prevails. In reBaby John Doe, 181 S.E.2d 760, 762 (N.C. 1971).

If it is judicially determinedthat the father has abandonedthe child, then consent is notrequired. N.C. Gen. Stat § 48-3-603 (a)(2); Truelove v.Parker, 132 S.E. 295 (1926);Hicks v.Russell, 123 S.E. 2d214 (1961). Case law maystill be applicable to father’sproof of paternity:Abandonment imports anywillful or intentional conductwhich evinces the purpose toforego all parental duties;mere failure to contribute tosupport of child does notconstitute abandonment butfailure to contribute presenceand affection does. Pratt v.Bishop, 126 S.E.2d 597(1962).

Pre-birth consent: Anytimeafter six months from the dateof conception (and up to threemonths after birth) biologicalmother , agency, or adoptiveparents chosen by thebiological mother may file aspecial proceeding with theclerk requesting the court todetermine whether consent ofthe biological father isrequired. The biological fathershall be served with notice ofthe intent of the biologicalmother to place the child foradoption, allowing thebiological father fifteen daysafter service to assert a claimthat his consent is required. Ifconsent not required, no noticeof adoption. N.C. Gen. Sat. §48-2-206. After the birth ofthe child, notice needs to begiven to the father who has:(1) established paternity bymarrying or being married tothe mother when the child was





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been terminated,father deniespaternity or disclaimsinterest in the child,or father fails torespond to notice ofadoption proceedingwithin thirty days ofreceiving notice.N.C. Gen. Stat. § 48-3-603.

consent prevails. In reBaby John Doe, 181 S.E.2d 760, 762 (N.C. 1971).

of adoption. N.C. Gen. Sat. §48-2-206. After the birth ofthe child, notice needs to begiven to the father who has:(1) established paternity bymarrying or being married tothe mother when the child wasborn, (2) tried to marry themother, (3) legitimatised thechild, (4) acknowledged hispaternity and supporting thechild and attempting to visit orcommunicate with the motherand/or child. N.C. Gen. Stat.§48-3-601.

NORTH DAKOTA

Father’s consent toadoption onlyrequired if father isthe presumed father,unless otherwiseproved by the court,or has legitimated thechild. N.D. Cent.Code §14-15-05(1)(b). Consent notrequired if father hasabandoned child.N.D. Cent. Code §14-15-06(1)(a).

No putative fatherregistry. Paternity can bepresumed if certainfactors exist. N.D. Cent.Code § 14-17-04.

Father’s consent to adoptionnot required if for a period ofat least one year, he has failedto significantly communicatewith the child or provide forthe care and support of thechild. N. D. Cent. Code § 14-15-06(1)(b). In determiningwhether abandonment hastaken place, the court looks tosuch factors as the parent’scontact and communicationwith the child, the parent’slove care and affection towardthe child, and the parent’sacceptance of parentalobligations In re Adoption ofA.M.B., 514 N.W.2d 670 (N.D.1994)

Notice of hearing on petitionfor adoption not required to begiven to father whose consentis not required. N.D. Cent.Code § 14-15-06. Notice mustbe given to presumed father,father whose relationship withthe child has been determinedby a court, or father who haslegitimated child. N.D. Cent.Code § 14-17-23.

Father’s consent toadoption required if(i) father is presumedto be the father bybeing married tomother when childwas conceived, bycourt determining hehas a parent and childrelationship with thechild, byacknowledging

Ohio has a putative fatherregistry. Must registerbefore or within thirtydays after birth of child.Ohio Rev. Code Ann.§3107.062. Putativefather’s consent toadoption not required iffather failed to register asthe minor’s father withthe putative fatherregistry. Ohio Rev.

Putative father’s consent toadoption not required if fatherfailed to communicate withthe child, failed to providemaintenance and support, orhas abandoned the child orabandoned the mother duringpregnancy. Ohio Rev. CodeAnn.§ 3107.07.

Father not entitled to notice ifhis consent to adoption is notrequired. Ohio Rev. CodeAnn.§ 3107.11.





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OHIOmother when childwas conceived, bycourt determining hehas a parent and childrelationship with thechild, byacknowledgingpaternity or (ii) fatheris determined to bethe putative father.Ohio Rev. CodeAnn.§ 3107.07.

3107.062. Putativefather’s consent toadoption not required iffather failed to register asthe minor’s father withthe putative fatherregistry. Ohio Rev.Code Ann.§.3107.07(B)(1).

has abandoned the child orabandoned the mother duringpregnancy. Ohio Rev. CodeAnn.§ 3107.07.

OKLAHOMA

Fathers consent toadoption required,unless father waivesrights. 10 Okla. Stat.§ 7505-3.1.

Putative father registryincludes names of fatherswho are not sure if theyare the father of a minor,fathers who intend to fileclaim for paternity,fathers who acknowledgepaternity and fathers whodeny paternity. 10 Okla.Stat. § 7503-3.1.

Father’s consent not requiredif father fails to exerciseparental duties towards thechild, including willfullyfailing, refusing, or neglectingto contribute to the support ofthe child or support of motherduring pregnancy, failing tomaintain a significantrelationship with minorthrough visitation andcommunication. 10 Okla. Stat.§ 7505-4.2.

Putative father must benotified of Plan For Adoptionand notice includes form forfiling with the paternityregistry. If form is notreturned to registry withinthirty days, constitutes waiverof right to receive furthernotice and a denial of interestin the minor such that father’sconsent to adoption will not berequired. 10 Okla. Stat. §7503-3.1(A)(3)(a).





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OREGON

Father has right toconsent to adoptionunless he has notacknowledgedpaternity or assertedhis rights in filiationproceedings Or. Rev.Stat.§109.070.If after a hearing, thecourt "finds that theparent has willfullydeserted the child orneglected [the child]without just andsufficient cause toprovide proper careand maintenance forthe child for one yearnext preceding thefiling of the petitionfor adoption, theconsent of suchparent at thediscretion of the courtis not required and, ifthe court determinesthat such consent isnot required, thecourt may proceedregardless of theobjection of suchparent." Whendeciding upon willfuldesertion and neglect,the courts maydisregard incidentalvisitations,communication, andcontributions; andwhether the custodialparent attemptedwithout good cause toimpede contactbetween the child and"the parent whoseparental rights would

Putative fatheracknowledges paternityby filing with state avoluntaryacknowledgement ofpaternity. Or. Rev. Stat. §109.070(e).

Proof of father's non-supportand failure to visit wasinsufficient to allow adoptionof child without father'sconsent. (Mahoney v. Linder,514 P.2d 901). Willful neglectdoes not require proof thatparent intended to abandon allparental rights, but isevaluated by presence orabsence of minimalexpressions of concern,ordinarily measured in termsof money payments andpersonal contact. (Chaffin v.Palumbo, 781 P.2d 1247).

Putative father has right toreceive reasonable notice ofadoption proceeding if he hasfiled acknowledgment ofpaternity or has filed a noticeof filiation proceedings, or ifchild resided with father forsixty days prior to theproceeding or if fathercontributed to the support ofthe child. Or. Rev. Stat. §109.096; Or. Rev. Stat.§109.070. If putative fatherfails to initiate parent-childrelationship, he has no right tonotice. (P & P v. Children'sServices Division, 673 P.2d864).





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whether the custodialparent attemptedwithout good cause toimpede contactbetween the child and"the parent whoseparental rights wouldbe terminated in anaction under thissection." Or. Rev.Stat. § 109.324..

PENNSYLVANIA

Consent to anadoption shall berequired of theparents or survivingparent of an adopteewho has not reachedthe age of eighteenyears. No consentshall be valid if it wasexecuted prior to orwithin seventy-twohours after the birthof the child. Aputative father mayexecute a consent atany time afterreceiving notice ofthe expected or actualbirth of the child.Any consent givenoutside Pennsylvaniashall be valid forpurposes of thissection if it was givenin accordance withthe laws of thejurisdiction where itwas executed. 23Pa.C.S. § 2711.

"The father of a childborn to an unmarriedwoman may file with theDepartment of PublicWelfare anacknowledgment ofpaternity of the childwhich shall include theconsent of the mother ofthe child." 23 PaC.S. §5103 (a). "In such case,the father shall have allthe rights and duties as tothe child which he wouldhave had if he had beenmarried to the mother atthe time of the birth of thechild, and the child shallhave all the rights andduties as to the fatherwhich the child wouldhave had if the father hadbeen married to themother at the time ofbirth." 23 Pa.C.S. § 5703(a). "If the mother of thechild fails or refuses tojoin in theacknowledgment ofpaternity…, theDepartment of PublicWelfare shall index it as a

"The rights of a parent inregard to a child may beterminated after a petitionfiled on any of the followinggrounds: (1) The parent byconduct continuing for aperiod of at least six monthsimmediately preceding thefiling of the petition either hasevidenced a settled purpose ofrelinquishing parental claim toa child or has refused or failedto perform parental duties. (2)The repeated and continuedincapacity, abuse, neglect orrefusal of the parent hascaused the child to be withoutessential parental care, controlor subsistence necessary forhis physical or mental well-being and the conditions andcauses of the incapacity,abuse, neglect or refusalcannot or will not be remediedby the parent. (3) The parent isthe presumptive but not thenatural father of the child." 23Pa.C.S. § 2511 (a) (1)-(3). "Inthe case of a newborn child,the parent knows or has reasonto know of the child's birth,does not reside with the child,

"At least ten days notice of thehearing on an adoptionpetition shall be given to thepetitioner, and a copy of thenotice shall be given to theother parent, to the putativefather whose parental rightscould be terminated… and tothe parents or guardian of apetitioner who has not reached18 years of age." 23 Pa.C.S. §2503(b)(1). "The copy of thenotice which is given to theputative father shall state thathis rights may also be subjectto termination… if he fails tofile either an acknowledgmentof paternity… or claim ofpaternity pursuant and fails toeither appear at the hearing forthe purpose of objecting to thetermination of his rights or filea written objection to suchtermination with thecourt prior to the hearing." 23Pa.C.S. §2503(b)(3). "If aputative father will not file apetition to voluntarilyrelinquish his parentalrights…, has been given noticeof the hearing being heldpursuant to this section and





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the laws of thejurisdiction where itwas executed. 23Pa.C.S. § 2711.

(a). "If the mother of thechild fails or refuses tojoin in theacknowledgment ofpaternity…, theDepartment of PublicWelfare shall index it as aclaim of paternity. Thefiling and indexing of aclaim of paternity shallnot confer upon theputative father any rightsas to the child except thatthe putative father shall beentitled to notice of anyproceeding brought toterminate any parentalrights as to the child." 23Pa.C.S. § 5103(b).

the presumptive but not thenatural father of the child." 23Pa.C.S. § 2511 (a) (1)-(3). "Inthe case of a newborn child,the parent knows or has reasonto know of the child's birth,does not reside with the child,has not married the child'sother parent, has failed for aperiod of four monthsimmediately preceding thefiling of the petition to makereasonable efforts to maintainsubstantial and continuingcontact with the child and hasfailed during the same four-month period to providesubstantial financial supportfor the child." 23 Pa.C.S. §2511(a)(6). "The court interminating the rights of aparent shall give primaryconsideration to thedevelopmental, physical andemotional needs and welfareof the child. The rights of aparent shall not be terminatedsolely on the basis ofenvironmental factors such asinadequate housing,furnishings, income, clothingand medical care if found tobe beyond the control of theparent. With Respect to anypetition filed pursuant tosubsection (a)(1),(6) or (8), thecourt shall not consider anyefforts by the parent to remedythe conditions describedherein which are first initiatedsubsequent to the giving ofnotice of the filing of thepetition." 23 Pa.C.S. §2511(b).

Pa.C.S. §2503(b)(3). "If aputative father will not file apetition to voluntarilyrelinquish his parentalrights…, has been given noticeof the hearing being heldpursuant to this section andfails to either appear at thathearing for the purpose ofobjecting to termination of hisparental rights or file a writtenobjection to such terminationwith the court prior to thehearing and has not filed anacknowledgment of paternityor claim of paternity…, thecourt may enter a decreeterminating the parental rightsof the putative father." 23Pa.C.S. § 2503(d).





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herein which are first initiatedsubsequent to the giving ofnotice of the filing of thepetition." 23 Pa.C.S. §2511(b).

RHODE ISLAND

Adoption withoutnon-custodialparent’s consent maybe granted, ifpetitioners prove byclear and convincingevidence that thisparent’s parentalrights should beterminated. R.I. GenLaws § 15-7-5.Parental rights can beterminated if: theparent has willfullyneglected to provideproper care andmaintenance for thechild for a period ofat least one yearwhere financiallyable to do so, theparent is unfit, or theparent has abandonedor deserted the child.R.I. Gen Laws § 15-7-7(a). Parent ofchild can petition thecourt fifteen daysafter birth of child toterminate the otherparent’s right toconsent to adoption.R.I. Gen Laws § 15-7-6.


"A lack of communication orcontact with the child for atleast a six (6) month periodshall constitute prima facieevidence of abandonment ordesertion." R.I. Gen Laws §15-7-7(a)(4). Abandonmentcan be found where substantialperiods elapsed during whicha father had no contact withhis children, since theabandonment provision doesnot include the element ofwillfullness to show suchabandonment. In re Craig G.,765 A.2d 1200 (R.I. 2001).

Natural father entitled tonotice of adoption proceeding.Failure to appear constituteswaiver of right to consent andallows termination of parentalrights. R.I. Gen Laws § 15-7-26.





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7-6.

SOUTHCAROLINA

Father’s consent toadoption requiredonly if father hasmaintainedsubstantial andcontinuous orrepeated contact withthe child. S.C. CodeAnn. § 20-7-1690(A)(4).

No registry. Father only has consent rightsif father supports child, visitschild at least monthly, andcommunicates with the child.Father of child who lived withthe child for six months beforeplacement of child foradoption and held himself outas father by maintainingsubstantial and continuouscontact and must be givenconsent to adoption. S.C. CodeAnn. § 20-7-1690 (A)(4)-(5).

Father has right to notice ofadoption proceeding even ifhis consent is not required forthe adoption. S.C. Code Ann. §20-7-1734(B). Failure to file aresponse within thirty days ofreceiving notice constitutesconsent to adoption. S.C. CodeAnn. § 20-7-1734(E)(3).

SOUTH DAKOTA

Father of illegitimatechild has no right toconsent to adoptionunless he is knownand identified by themother or hasacknowledged thechild as his own byaffirmativelyasserting paternity.S.D. Codified Laws §25-6-1.1.

No registry. Father mustfile paternity actionwithin sixty days ofchild’s birth. S.D.Codified Laws § 25-6-1.1.

Father of an illegitimate childlegitimates child by publiclyacknowledging it as his own,receiving it into his family andotherwise treating it as if itwere a legitimate child sixtydays after the birth of child.S.D. Codified Laws §25-6-1.

Father of illegitimate child notentitled to notice of adoptionproceeding unless he is knownand identified by the mother orhe has acknowledged the childas his own by affirmativelyasserting paternity within sixtydays after the birth of thechild. S.D. Codified Laws §25-6-1.1.





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TENNESSEE

Unless rights areterminated by court,the legal andbiological fathershave rights to consentto adoption. Ifputative father hasfiled to establishpaternity, his paternalrights must beestablished by courtbefore the adoptionproceeding cancontinue. Tenn. CodeAnn. § 36-1-117.

Putative father registry.Father must file petitionto establish paternity atany time prior to or withinthirty days after the birthof the child. Tenn. CodeAnn. § 36-1-117.

Paternal rights can beterminated if in best interest ofchild. Also paternal rights canbe terminated if parent has notpaid a reasonable share ofchild's expense, regular childsupport payments, regularlyvisits with child, and has notdemonstrated an ability andwillingness to assume legal orphysical custody. Also rightscan be revoked if failed toestablished paternity withinthirty days after notice ofalleged paternity by mother.Tenn. Code Ann. § 36-1-113

Legal and biological fathersalong with, Fathers containedin putative father registry shallbe given notice of adoptionproceedings. Tenn. Code Ann.§ 36-1-117 and § 36-2-318.

TEXAS

Father’s consent toadoption not requiredwhere father hadnever had familyrelationship withchild and had onlyseen child once andwhere adoption wasin child’s bestinterest. (In Interestof T.E.T., 603S.W.2d 793 (1980)).

In order for a putativefather to register, he musthave an establishedrelationship under lawand commences withprocess to register beforerights are terminated,which is up to 31 daysafter the birth of child(otherwise paternal rightsare terminated). Tex.Fam. Code Ann. §160.402

Father's consent is notrequired if he does not providesupport. See ex.: Cawley v.Allums, 511 S.W. 2d 402(1972). Father will lose rightsif he does not express intent,has left child for three monthswithout support, not providingcare of child, and ifrelationship is not in the bestinterest of the child. Tex.Fam. Code Ann. § 161.001

Registered fathers must begiven notice of adoptionproceeding. Tex. Fam CodeAnn. § 160.403. Father isentitled to notice if has anestablished relationship withchild. Tex. Fam. Code Ann. §160.402

In Roger v. Lowry, 546S.W.2d 881, 884 (Tex. App.--Houston [1st Dist.] 1977, orig.proceeding), the court heldthat: "[A] child's biological father has such a substantialinterest in the adoptionproceeding that due processrequires he be afforded noticeand an opportunity to beheard."





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UTAH

Child may be adoptedwithout father’sconsent unless hemanifests "promptand full commitmentto his parentalresponsibilities andestablishes paternity."Utah Code Ann § 78-30-4.12.

Father may initiateproceedings to establishpaternity and file notice ofproceeding with the state;action may be filed priorto birth. Utah Code Ann §78-30-4.13-4.14.

Unmarried biological fathermust demonstrate "a timelyand full commitment toparenthood, both duringpregnancy and after child’sbirth, by providing medicalcare and financial support andby establishing legalpaternity." Utah Code Ann §78-30-4.12. If child is olderthan six months, father mustshow regular visits andcommunication with child.Utah Code Ann § 78-30-4.14.

Father is deemed to be onnotice of pregnancy andadoption proceeding by virtueof the fact that he engaged insex with a woman. Father onlyentitled to notice of adoptionproceeding if he has initiated apaternity proceeding and filednotice of that action within thestate. Notice must be given atleast thirty days before thefinal hearing. Utah Code Ann§ 78-30-4.13.

VERMONT

Unless terminated bycourt order or writtennotarized statementby male, consentrequired of biologicalfather or maleacknowledgingpaternity, and whohave developedpersonal andfinancial commitmentand relationship withchild. VT. Stat. Ann.Tit. 15A § 2-401.

Father may file in theprobate court a notice ofintent to retain parentalrights, which is forwardedto the probate court in thedistrict of Chittenden, acentral repository. VT.Stat. Ann. Tit 15A § 1-110.

Financial and personal contactimportant to establish paternalrights. If child is over sixmonths, father must providereasonable and consistentchild support, regularcommunication, and showability and willingness tobecome father. If child isunder six months, father mustprovide reasonable prenatal,natal and postnatal (includingexpenses), also consistentpayments, visits andcommunication, and showability and willingness tobecome father. Vt. Stat. Ann.Tit. 15 § 3-504

Unless terminated by courtorder or written notarizedstatement by male (VT. Stat.Ann. Tit 15A § 2-401), noticemust be given to any personalleging to be the father, andfather has twenty days torespond. VT. Stat. Ann. Tit15A §§ 3-403 and 3-503.Moreover if at anytime duringan adoption proceeding itbecomes evident that a fatherwas not given notice- it mustbe given. VT. Stat. Ann. Tit15A § 3-401.

VIRGINIA

"Consent of birthfather not requiredfor adoption iffather’s identity is notreasonablyascertainable or iffather is givennotice" of anadoption proceedingand fails to objectwithin twenty-onedays. Failure toappear at the consenthearing constitutes

No registry, but father canvoluntarily acknowledgeorally and in writing, ortake a paternity test. Va.Code Ann. § 20-49.1

"In determining whether thevalid consent of any personwhose consent is required iswithheld contrary to the bestinterests of the child, or isunobtainable, the[court]shall consider whetherthe failure to grant the petitionpending before it would bedetrimental to the child. Indetermining whether thefailure to grant the petitionwould be detrimental to thechild, the [court] shall

If father’s identity isreasonably ascertainable, hemust be given notice mustobject o proceeding withintwenty-one days of receivingnotice. VA Code Ann § 63.2-1202.





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notice" of anadoption proceedingand fails to objectwithin twenty-onedays. Failure toappear at the consenthearing constituteswaiver of right toobject to adoption.Va. Code Ann. §63.2-1202. Affidavitof mother thatfather’s identity isunknown is sufficientevidence. VA ST §63.1-219.10. "If, afterconsideration of theevidence, the courtfinds that the validconsent of any personor agency whoseconsent is required iswithheld contrary tothe best interests ofthe child, orunobtainable thecourt may grant thepetition without suchconsent." Va. CodeAnn. § 63.2-1203.

the failure to grant the petitionpending before it would bedetrimental to the child. Indetermining whether thefailure to grant the petitionwould be detrimental to thechild, the [court] shallconsider all relevant factors,including the birth parent(s)'efforts to obtain or maintainlegal and physical custody ofthe child; whether the birthparent(s)' efforts to assertparental rights were thwartedby other people; the birthparent(s)' ability to care for thechild; the age of the child; thequality of any previousrelationship between the birthparent(s) and the child andbetween the birth parent(s)and any other minor children;the duration and suitability ofthe child's present custodialenvironment; and the effect ofa change of physical custodyon the child." VA Code Ann §63.2-12053.





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WASHINGTON

Consent to adoptionshall be required ofany alleged parent orfather of an adoptee.Wash Rev. Code. §26.33.160.

A man is presumed to bethe natural father of achild for all intents andpurposes if: (a) He andthe child's natural motherare or have been marriedto each other and the childis born during themarriage, or within threehundred days after themarriage is terminated;(b) Before the child'sbirth, he and the child'snatural mother haveattempted to marry eachother; (c) After the child'sbirth, he and the child'snatural mother havemarried, or attempted tomarry, each other and hehas acknowledged hispaternity of the child inwriting filed with the stateregistrar of vital statistics,with his consent, he isnamed as the child'sfather on the child's birthcertificate, or he isobligated to support thechild under a writtenvoluntary promise or bycourt order. Wash. Rev.Code § 26.26.116. Validacknowledgement ofpaternity and valid denialof paternity is filed withthe state registry of vitalstatistics, Wash. Rev.Code § 26.26.320, andprocess may be completedbefore birth of child.Wash. Rev. Code §26.26.315

The parent-child relationshipof a father may be terminatedupon a showing by clear,cogent, and convincingevidence that it is in the bestinterest of the child toterminate the relationship andthat "the alleged father hasfailed to perform parentalduties under circumstancesshowing a substantial lack ofregard for his parentalobligations and is withholdingconsent to adoption contraryto the best interest of thechild." "The parent-childrelationship of a parent or analleged father may beterminated if the parent oralleged father fails to appearafter being notified of thehearing." Wash. Rev. Code §26.33.120. The minimumstandards for determiningwhether a parent has met hisobligations to his child includehis expressions of love andaffection for the child;indications of a personalconcern for the child's health,education, and general well-being; provisions forsupplying necessary food,clothing, medical care, andadequate shelter; and thefurnishing of social andreligious guidance to the child.(Pease v. Dobbs, 531 P.2d303, 305 (1975)).

"Notice of the hearingrelinquishing a child foradoption shall be served onany relinquishing parent oralleged father." Wash. Rev.Code § 26.33.090. "The courtshall set a time and place for ahearing on the petition fortermination of the parent-childrelationship, which shall notbe held sooner than forty-eighthours after the child's birth.Notice of the hearing shall beserved on the petitioner, thenonconsenting parent oralleged father, the legalguardian of a party, and theguardian ad litem of a party."The notice of the petition shallinform the nonconsentingparent or alleged father thatfailure to respond to thetermination action withintwenty days of service ifserved within the state orthirty days if served outside ofthis state, will result in thetermination of his or herparent-child relationship withrespect to the child; the noticeshall inform an alleged fatherthat failure to file a claim ofpaternity or to respond to thepetition, within twenty days ofthe date of service of thepetition is grounds toterminate his parent-childrelationship with respect to thechild. Wash. Rev. Code §26.33.110.





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process may be completedbefore birth of child.Wash. Rev. Code §26.26.315

26.33.110.

WEST VIRGINIA

Father’s consentrequired for adoptionif father has beendetermined by thecourt to be the fatherof the child or iffather has filed apaternity actionwhich is pending. W.Va. Code § 48-22-301.

Natural father mayestablish paternity viawritten, notarizedacknowledgement. W. Va.Code § 48-24-106. W.Virginia has a voluntaryadoption registry wherebirth father may registerif: on birth certificatelegimate or acknowledgedfather, or has signed anabandonment form. W.Va. Code W. Va. Code §48-23-403.

Adoption permitted withoutfather’s consent where fatherhas abandoned the child. W.Va. Code §48-22-301. Proofof abandonment: child olderthan six months- failure to paysupport, failure to visit orcommunicate for six monthspreceding adoption; childunder six months- denounceschild’s paternity any time afterconception or fails to provideprenatal and postnatal supportof mother and child. W.Va.Code § 48-22-306.

If father is known, he isentitled to notice of adoptionproceedings. If male has hispaternity status pending, thennotice is required. W. Va.Code § 48-22-601.

WISCONSIN

Father’s parentalrights can beterminated if he hasfailed to assumeparentalresponsibility for thechild. Court decidesrights of fathers whohave filed declarationof interest oracknowledgedpaternity. Wis. Stat. §48.91.

Any person claiming to bethe father of a non-maritalchild may file adeclaration of his interestin matters affecting thechild, Wis. Stat. § 48.025,or can acknowledgepaternity under Wis. Stat.§ 767.62 with stateregistrar. Must showpaternity by clear andconvincing evidence. Wis.Stat § 48.423

Yes. Rights as a parent can beterminated for abandoningchild, including harm of child,and/or failure to assumeparental responsibilityincluding expression ofconcern or interest in pregnantmother, and acceptance andexercise of daily child careresponsibilities. Wis. Stat. §48.415

Father entitled to notice ofadoption proceeding if he hasfiled a declaration of interestin the child or the mothernames him as the father. Wis.Stat. § 48.27

Father or PutativeFather must consentin writing torelinquishment ofcustody of child andadoption anytimeafter the birth ofchild. Wyo. Stat. Ann.

Putative father registryrecords names andaddresses of fathers ofchildren born out-of-wedlock, adjudicatedfather, and father whofiled with registry beforeor after birth a notice of

Adoption permitted withoutconsent of father when fatherwillfully: abandons or desertschild, fails to contribute tosupport of child, fails to assertinterest in child andresponsibility for the child.Wyo. Stat. Ann. § 1-22-110.

Putative father must be givennotice of petition for adoption.Wyo. Stat. Ann. §1-22-107.But adoption permittedwithout father’s consent whenputative father fails to respondwithin thirty days of receivingnotice of pending birth or birth





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WYOMING

in writing torelinquishment ofcustody of child andadoption anytimeafter the birth ofchild. Wyo. Stat. Ann.§ 1-22-109.

addresses of fathers ofchildren born out-of-wedlock, adjudicatedfather, and father whofiled with registry beforeor after birth a notice ofintent to claim paternity.Wyo. Stat. Ann. § 1-22-117.

willfully: abandons or desertschild, fails to contribute tosupport of child, fails to assertinterest in child andresponsibility for the child.Wyo. Stat. Ann. § 1-22-110.Proof of interest andresponsibility include: visits,offer of support and gifts(JWR v. RG, 716 P.2d 984).

Wyo. Stat. Ann. §1-22-107.But adoption permittedwithout father’s consent whenputative father fails to respondwithin thirty days of receivingnotice of pending birth or birthof child of his interest in orresponsibility for the child orhis declaration of paternity.Wyo. Stat. Ann. § 1-22-110.

Disclaimer: This survey reflects the state of local laws as of August 2004 (date of completion of the research). This survey is not intended to be acomprehensive study; rather, the survey attempted to focus on specific issues impacting fathers' rights as they relate to adoptions and to summarizethe main applicable rules. Readers are encouraged to conduct their own research of the applicable statutes in their state. This survey should not betreated as a substitute for specific legal advice concerning individual situations

Documents

State - Center for Adoption Policy · · 2005-01-07State Consent: Does father have consent rights? Putative Father: ... biological mother, he may adopt the child without consent