For an adoption to become legally effective, the legal parents must usually consent to giving up their rights and responsibilities regarding the child to be adopted. The issue is relatively straightforward when the mother agrees to the adoption, but legal issues become more complicated regarding the rights of a “putative” father as defined by Illinois’ adoption statute. In using this term, the law refers to a man who may be the child’s father, but:
- Was not married to the mother on or before birth; and,
- Has not established paternity of the child to be adopted.
If you are in the position of a legal or putative father, you may have rights regarding adoption decisions Timing is critical, so you should discuss your situation with a Chicago adoption lawyer to determine your next steps. Assuming you do not consent to the adoption, your rights depend upon your answers to the following questions.
Have you established paternity?
At the earliest stages of the adoption process, you do not need to already have proof of parentage, but you should do so if you want to legally establish your rights in adoption decisions. When the child’s parents are unmarried and both did not sign a Voluntary Acknowledgement of Paternity, you must file a paternity action. During this proceeding, you can present DNA evidence to determine parentage. By establishing paternity, you can challenge it – unless your parental rights were terminated, as described below.
Did you receive notice as a “putative” father?
Under certain circumstances, Illinois adoption laws require the adoptive parents to notify you of their intentions. The notice indicates they are aware you could be the father, usually through information given by the child’s mother. Upon receipt, you need to sign and file the attached declaration of paternity if you want the opportunity to be heard.
Were your parental rights terminated?
It is possible your father’s rights have been terminated through legal action, in which case, you may be left out of adoption decisions. In most cases, the court must have determined you were unfit or unable to care for the child. By not signing the declaration of paternity included with the Notice to Putative Father, your rights could also be terminated through the adoption process.
Did you sign a waiver?
If you are either the legal or putative father of the child to be adopted, you may give up your rights by signing a waiver. Note this document is final and irrevocable, so you cannot later change your mind about giving up your father’s rights. There will be nothing standing in the way of the adoption moving forward.
Consult with a Chicago Adoption Attorney About Father’s Rights
Your responses to these questions provide the basics regarding your rights in adoption decisions, but there are many other details involved with the process. To learn how Illinois’ laws apply to your circumstances, please contact Michael C. Craven today. You can schedule a consultation by calling our Chicago, IL office at (312) 621-5234 or visiting us online.
