My child was given up for adoption with out my consent

[chris312]

What is the name of your state (only U.S. law)? ny

Three years ago without my knowledge, my (at the time) girlfriend gave our child up for adoption. I never gave consent or permission for this.

when she gave birth she said she was raped in order to avoid having to get my consent.

She had told me she had a abortion, so I never knew the baby existed.

Three years later she informed me that we had a baby boy that she given up for adoption.

What right do i have now, what can I do about it?

 

[Proserpina]

What is the name of your state (only U.S. law)? ny

Three years ago without my knowledge, my (at the time) girlfriend gave our child up for adoption. I never gave consent or permission for this.

when she gave birth she said she was raped in order to avoid having to get my consent.

She had told me she had a abortion, so I never knew the baby existed.

Three years later she informed me that we had a baby boy that she given up for adoption.

What right do i have now, what can I do about it?

This is something you need an attorney to help you with.

There's really not much a message board can help you with unfortunately - this is likely to become a complex, messy (and possibly very expensive) issue.

 

[nextwife]

Likely you can't "do" anything. Most states have laws for unmarried adoptions: if no father is named, registers in a putative registry or comes forward and objects to the adoption within a statutory objection period, the adoption is final. It is not considered in the best interest of the CHILD to be subject to being yanked from their home, parents, maybe siblings just because two unmarried adults lie to each other. It is presumed that if a parent wants to object, they need to object in a timely manner. You should have been more proactive at the time. This is a three year old child, they have a family, life and home. You were unmarrried, if you wanted rights at birth, you needed to marry her before making her pregnant, legally you never had a child, because paternity was never established.

In many states, a newborn adoption does not require dad's consent, only their failure to object during the period after which the adoption is then final.

 

[mistoffolees]

Likely you can't "do" anything. Most states have laws for unmarried adoptions: if no father is named, registers in a putative registry or comes forward and objects to the adoption within a statutory objection period, the adoption is final. It is not considered in the best interest of the CHILD to be subject to being yanked from their home, parents, maybe siblings just because two unmarried adults lie to each other. It is presumed that if a parent wants to object, they need to object in a timely manner. You should have been more proactive at the time. This is a three year old child, they have a family, life and home. You were unmarrried, if you wanted rights at birth, you needed to marry her before making her pregnant, legally you never had a child, because paternity was never established.

In many states, a newborn adoption does not require dad's consent, only their failure to object during the period after which the adoption is then final.

That's the way it looks for NY:
Child Adoption Laws New York

§ 111. Whose consent required
......
(c) Of the mother, whether adult or infant, of a child born out of wedlock;
(d) Of the father, whether adult or infant, of a child born out-of-wedlock and placed with the adoptive parents more than six months after birth, but only if such father shall have maintained substantial and continuous or repeated contact with the child.....
(e) Of the father, whether adult or infant, of a child born out-of-wedlock who is under the age of six months at the time he is placed for adoption, but only if: (i) such father openly lived with the child or the child's mother for a continuous period of six months immediately preceding the placement of the child for adoption; and (ii) such father openly held himself out to be the father of such child during such period; and (iii) such father paid a fair and reasonable sum, in accordance with his means, for the medical, hospital and nursing expenses incurred in connection with the mother's pregnancy or with the birth of the child.


I don't see that OP is going to have much of a chance of doing anything.

It's unfortunate that kids don't really understand the consequences of having sex.

 

[justalayman]

and maybe the girl is just screwing with "dad" as well. Unless OP has proof that the original story is not correct, this one may have been contrived simply to screw with "dad".

Three years ago without my knowledge, my (at the time) girlfriend gave our child up for adoption. I never gave consent or permission for this.

when she gave birth she said she was raped in order to avoid having to get my consent.

She had told me she had a abortion, so I never knew the baby existed.

if she was his girlfriend at the time, one would think he would have noticed if she was carrying a child through the third trimester. It's usually kind of difficult to hide.

 

[PQN]

ARTICLE VII ADOPTION
§ 111. Whose consent required.....e) Of the father, whether adult or infant, of a child born out-of-wedlock who is under the age of six months at the time he is placed for adoption, but only if: (i) such father openly lived with the child or the child's mother for a continuous period of six months immediately preceding the placement of the child for adoption; and (ii) such father openly held himself out to be the father of such child during such period; and (iii) such father paid a fair and reasonable sum, in accordance with his means, for the medical, hospital and nursing expenses incurred in connection with the mother's pregnancy or with the birth of the child.

It does not appear that you met the statutory requirements necessary for her to have to notify you.

In the future, if you have sex with a woman outside of marriage, register with the state punative father's registry (if they have one). Better yet, wait for marriage if you want rights to your children without needing a court order.