Birthfather Rights

When relinquishment for adoption is being considered, the birth father has the same legal rights as the birth mother, such as:

• The right to counseling
  
• The right to public assistance for financial support of a child, if eligible
  
• The right to pursue custody
  
• The right to consult with an attorney

The birth father must legally relinquish parental rights for a child to be adopted. Sometimes there are unusual circumstances that make this difficult, for example:

• A possibility of more than one father
  
• Not knowing how to locate the father
  
• Not knowing who the father is
  
• The father not wanting custody, but refusing to go to court

The Court is aware of these special circumstances and there are ways these problems can be worked out with your counselor's assistance. There is no need for you to be concerned about these. Your counselor is experienced in handling these situations and will take care of what needs to be done and explain everything to you.

NOTE: If you are married, your husband is considered a 'legal' or 'presumed' father. This means that he is automatically considered by the court to be a father, whether he is the biological parent or not. Any rights he might have need to be addressed as part of the relinquishment. Your counselor is experienced in dealing with this. She will explain more to you about a 'legal' or 'presumed' father and what needs to be done should this apply to you.