There is a reason I do NOT do adoptions

[Ohiogal]

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

In Re Adoption of PAC just came out. it was decided in September but was just published and received by many attorneys here. The case is interesting as it turns many things on its head.

A biologicaly father who has NOT established paternity AND who has NOT registered on the Putative father registry loses ANY right to consent or deny permission for his child to be adopted.

If a woman is married it doesn't matter HOW LONG she is married for the Probate court to consider allowing her spouse to adopt. In the case I mentioned (184 Ohio App.3d 88, 2009-Ohio-4492) the timeline went like this:

Dad filed in January 2007, 18 months after the baby was born, to establish paternity.
Mom counterfiled and the case was to be heard on March 26, 2007 though it was continued.
On April 13, 2007, mom got married. On April 20, 2007, mom's husband of a week filed to adopt.

Dad had NO RIGHT to contest the adoption. He had not been in the child's life for a year, he had not established paternity by the time the adoption was filed, AND he had not registered on the Putative Father Registry. He had no right to be notified NOR to contest his child being adopted. The case was remanded to Probate Court to hold a best-interest hearing on the adoption petition.

I just read this this morning. Everyone that POSTS ADOPTION ADVICE needs to take a breath now. This case shows that some things are NOT as we thought -- at least in Ohio.

 

[Just Blue]

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

In Re Adoption of PAC just came out. it was decided in September but was just published and received by many attorneys here. The case is interesting as it turns many things on its head.

A biologicaly father who has NOT established paternity AND who has NOT registered on the Putative father registry loses ANY right to consent or deny permission for his child to be adopted.

If a woman is married it doesn't matter HOW LONG she is married for the Probate court to consider allowing her spouse to adopt. In the case I mentioned (184 Ohio App.3d 88, 2009-Ohio-4492) the timeline went like this:

Dad filed in January 2007, 18 months after the baby was born, to establish paternity.
Mom counterfiled and the case was to be heard on March 26, 2007 though it was continued.
On April 13, 2007, mom got married. On April 20, 2007, mom's husband of a week filed to adopt.

Dad had NO RIGHT to contest the adoption. He had not been in the child's life for a year, he had not established paternity by the time the adoption was filed, AND he had not registered on the Putative Father Registry. He had no right to be notified NOR to contest his child being adopted. The case was remanded to Probate Court to hold a best-interest hearing on the adoption petition.

I just read this this morning. Everyone that POSTS ADOPTION ADVICE needs to take a breath now. This case shows that some things are NOT as we thought -- at least in Ohio.

So the Biological Father lost out to his right to parent cause Mom decided to allow her BRANDSPANKINGNEWHUBBY to play Dad?

How sad for the child.

 

[Ohiogal]

So the Biological Father lost out to his right to parent cause Mom decided to allow her BRANDSPANKINGNEWHUBBY to play Dad?

How sad for the child.

No. He lost because he did not register for the putative father registry or try to establish paternity quickly. In addition to mom wanting brandspankingnewhubby to adopt.

 

[ecmst12]

I'm gonna guess that mom's hubby had actually been acting daddy for most if not all of the preceeding 18 months, during which the ACTUAL daddy had shown no interest in caring for, knowing, or supporting his child. I'm not so quick to demonize mom. Maybe there SHOULD be a point of "you snooze you lose" for dads that wait years and suddenly want to pop into the child's life.

 

[doc2b]

I'm gonna guess that mom's hubby had actually been acting daddy for most if not all of the preceeding 18 months, during which the ACTUAL daddy had shown no interest in caring for, knowing, or supporting his child. I'm not so quick to demonize mom. Maybe there SHOULD be a point of "you snooze you lose" for dads that wait years and suddenly want to pop into the child's life.

What about the dads that have no idea there's a child out there? If they find out years down the road, are they just SOL?

 

[CurrentlyUndone]

What about the dads that have no idea there's a child out there? If they find out years down the road, are they just SOL?

They often are, actually.

 

[nextwife]

They often are, actually.

Unless the State wants MONEY for state assistance provided. When that's the case, they WANT him to be dad. So it seems that in financial matters affecting "dads who didn't know", the gov't WANTS dad to remain responsible and remain dad. But in Dad's rights to not have his kid adopted, he's NOT supposed to remain dad?

 

[nextwife]

And, BTW, there is a reason many of us wouldn't even consider a DOMESTIC adoption. Who wants to adopt and not REALLY know it's a done deal?

IMHO- no newly married couple should be allowed to adopt. Period.

The SAME dang rules that apply in unrelated adoptions should apply to step adoptions. ALL adoptive parents should have to get some education on adoption, proper terminology, and learn the basics first (like DON"T LIE TO YOUR KID about adoption!!!), pass police clearance and home study criteria, be married long enough to show the new "forever family" has a good shot at being forever, and so on. No "one week marriage" establishes a "forever family" will exist. If the parents can't qualify to adopt otherwise, a step adoption shouldn't be permitted either. A no agency will allow an adoption of one week marriage parents!

 

[haiku]

Massachusetts has the same law, only the mother has to consent in the case of unwed parents.

In the state of New Hampshire you can be married "two minutes" and begin the step parental adoption process, and there is nothing to it but a 50 dollar filing fee, it takes about two weeks from start to finish, if uncontested.

 

[ecmst12]

I am really hoping that mom didn't just go out and marry some guy she just met only to spite dad. I am hoping that she was in a stable committed relationship with him and they had already planned on marrying and just upped the time table because of dad's sudden appearance.