The Legal Process To Expect If You Are Unwed And Pregnant And Want To Give The Baby Up For Adoption

18 December 2015
 Categories: , Blog

If you are single and pregnant with a baby from an abusive relationship you were in, you may want to consider giving up the child for adoption. If this is something you are considering, you may want to seek advice from a family law attorney to see if this is even an option. In most states, it will be; however, there are certain things you should be aware of before you begin the adoption process.

The biological father may challenge it

When a pregnant, unwed woman knows who the father of the baby is, she is required by law to tell him about the pregnancy. If she decides to give up the baby for adoption, she must also tell him this. Because of these laws, you will have to notify your ex-boyfriend about the pregnancy. If he does not want anything to do with you or the baby, giving the child up will not be a problem. You may want to have him sign a document that waives his rights as a father to this child, and a lawyer can help you with this.

If he does want to stop you from giving the baby up, the only way he can do this is by challenging your decision with the court. He will most likely need a lawyer to do this, and challenging your decision may put a stop to your plans of giving the child up for adoption.

The court will decide what is best for the baby

If your ex-boyfriend challenges your decision, you will have to go to court in front of a judge. The judge may require a paternity test to prove that he is the father. If he is, the judge will get to determine what to do. In most cases, judges look at several important factors when making this decision, including the biological father's work habits and the biological father's past.

These factors are considered simply because if a judge stops you from giving up your child for adoption, the father of the child must be willing and able to provide complete financial and emotional support to the child. In other words, the father must typically be willing to have full custody and rights of the child.

The law gives biological fathers the right to have custody of their children if they choose to in this type of situation, and if they can prove they are capable of holding this huge responsibility. If a man's past provides evidence that he may not be capable of this duty, the judge may rule against the man, which would leave you with the right to give the child up for adoption.

If you cannot handle raising a baby, and if you do not want to put a baby at risk by being raised by an abusive man, you will need a good lawyer to help you fight for the right to give the baby up for adoption. To learn more about this, contact a lawyer that specializes in family law, such as Robert L. Flanagan.