Frequently Asked Questions about Adoption
BIRTH FATHER RELATED
Up | Private Adoption in SC | FAQ - Adoptive Parent | FAQ - Birth Father | FAQ - Birth Mother | Other FAQ
1. Does the father of the baby have to be notified of the birth and the mother’s adoption plan?
Yes, but not prior to the birth of the child. After the birth of the child he may have waived any constitutionally protected right to parent the child depending on his marital status to the birth mother and their interactions or lack of it after conception.
2. How is the father of the baby notified of the mother’s adoption plan?
Ultimately, Notice of Adoption Proceedings are served on him if he does not Consent.
3. Can the father of the baby choose the adoptive parents?
Yes.
4. What happens if the biological father of the baby is not the baby’s legal father?
Both consents may be necessary. See S. C. Code Ann. §20-7-1690 (Cum. Supp. 1992).
5. What happens if the husband (legal father) is not the biological father?
He is presumed to be the father and his consent is required under S. C. Code Ann. §20-7-1690(2) (Cum. Supp. 1992).
6. What happens if the mother does not know who the biological father is?
The Court may allow "John Doe" publication.
7. What happens if the mother refuses to give the name of the biological father?
If his consent is not required under S. C. Code Ann. §20-7-1690 (Cum. Supp. 1992), then the mother can refuse to name him and a proper "John Doe" publication will be sufficient. Evans v. Dss, 399 SE2d 156 (1990).
8. Can the biological father of the baby give notice that he intends to plan for the baby before the baby is born?
Yes, but there is not a putative father registry.
9. Can the birth father change his mind before signing the legal consents the adoption?
Yes.
10. Can a minor father independently sign legal documents placing the child for adoption (consent to the adoption)?
Yes.
11. Can the birth father change his mind after signing the legal consents to the adoption?
His consent cannot be withdrawn except by Court Order upon a showing of coercion or duress and that it would be in the best interest of the child.
Frequently Asked Questions about Private Adoption in South Carolina
Page Copyright © 2005 Stephen Yacobi Law Firm. All rights reserved.
Revised: July 28, 2005 .
