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Adoption Without Parental Consent in Delaware

Can You Choose Adoption Without the Birth Father’s Consent?

There are many contributing factors to consider if you are thinking about choosing adoption for your baby. This is a big choice. And as an expectant mother experiencing and unplanned pregnancy, there are probably a whole myriad of emotions running through your head.

Am I ready to parent? Can I handle this pregnancy? Can I afford to care for a child? Will my child have a chance at a better life with an adoptive family?

And then, there’s a question that can be very difficult for many women: what about the birth father?

A birth father’s rights in adoption in Delaware can be highly sensitive. If the father of your baby is unsupportive, you may be wondering if you can still choose adoption without parental consent in Delaware. Typically, situations concerning the rights of the biological father in adoption are handled on a case-by-case basis. That being said, there are some laws in Delaware about adoption without consent that you should know.

If you would like to speak with an adoption specialist about your specific situation, you can call 1-800-ADOPTION today.

As you try to make the hard decision of choosing adoption for your baby, we want you to be as informed as possible. While this article can’t be taken as legal advice, it should help you have a clearer understanding of how to adopt a child with the father’s consent for your adoption in Delaware.

What “Putative Father” Means

This is a term you are likely to hear or read often when you are trying to figure out if adoption is possible without knowing who the father is or without having his support. A “putative father” is a man whose relationship with a child has not been legally established, but is assumed to be a child’s birth father. Some states, including Delaware, have a putative father registry so that a potential birth father can establish his relationship to a child and protect his parental rights. However, just because a potential birth father has used the putative father registry does not guarantee his parental rights, and there is a still a chance you can continue on an adoption without parental consent in Delaware.

Can a Child be Adopted Without the Father’s Consent in Delaware?

The expectant mother is the primary decision maker in any adoption. She is the one carrying the baby, and it is her right to make the best decision for her life. That being said, a potential birth father also maintains some protections under Delaware’s adoption law.

As we said earlier, giving a baby up for adoption without the father’s consent in Delaware is often handled on a case-by-case basis. It can be difficult to say exactly what the outcome will be in your unique situation. We’re going to look at a few of the points of Delaware’s laws about adoption birth father rights, and hopefully this will help you have a better understanding of what will be possible for you.

  • “A man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered must register with the registry of paternity before the birth of the child or within 30 days after the birth of the child.” This is a very long sentence. Let’s unpack it a little bit. In all those words, the law essentially states that a man whose paternity has not rightfully been established is not entitled to notice about the adoption. This could apply to your situation if you are considering adoption without parental consent in Delaware and are unsure who the father is.

  • “A mother whose consent to the termination of parental rights is required may execute a consent only after the child is born. Consent by the father or presumed father may be executed either before or after the child is born.” As an expectant mother considering adoption, you will not be able to officially consent to the adoption until after birth. However, if your situation requires consent from the birth father, he may give consent at any time. This is something that your adoption attorney will help you navigate.

  • “Should the Court find the termination of existing parental rights and their transfer to be in the best interest of the child, it shall make an order terminating such rights in the parent or parents…” One of the reasons adoption without the father’s consent in Delaware is so complex is the phrase “best interest of the child.” This is a legal standard that leaves the determination up to each judge presiding over an adoption case. Again, this is something that you adoption attorney will help you through.

If you feel overwhelmed by any of this legal jargon, stop and take a deep breath. When you choose adoption, you’re not going through it alone. Your adoption agency and adoption attorney will work with you and represent you in the best ways possible.

What Relationship Will the Putative Father Have to the Adoption?

The relationship your baby’s father has with you will greatly impact the adoption without parental consent in Delaware. We commonly work with women for an adoption when the father is unknown. We also work in adoption situations where the birth father may be known, but uninvolved or even unsupportive. In all of these cases, it may still be possible for you to pursue adoption with parental consent for your baby in Delaware.

If you would like to speak with an adoption specialist about your specific situation and the possibility of adoption without parental consent in Delaware, you can call 1-800-ADOPTION today to learn more. 

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