Can a Mother Put a Baby Up For Adoption without the Father’s Consent? 

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Regardless of the circumstance that led to the possibility of adoption, many expectant moms may find this to be a tough reality to face with many things to consider. For example, can a mother put a baby up for adoption without the father’s consent?

A mother cannot put her baby up for adoption without the father’s consent in many states, yet there are always exceptions. For example, an unmarried mother in many states is not required to obtain the father’s permission to put her baby up for adoption. Each state has its own unique laws and regulations.

Seeking professional advice will help answer any questions a birth mother may have.

Adoption may still be a viable choice for many moms in coordination with their adoption plan.

Birth mothers wanting to find an adoptive family are encouraged to contact an adoption specialist in their area who are more familiar with their local state adoption laws.

This is an emotional time, and having the guidance of an adoption professional will offer some peace of mind. A birth mother does not have to go through this alone.

Adoption without consent is a serious issue and will need to be researched so as not to infringe on birth-father rights. The rights of a legal father will differ depending on the state in which you live.

Does the prospective birth mother have an acknowledgment of paternity from the baby’s father? Has the birth father been playing the role of a father?

There are so many variables that will need to be addressed.

An adoption professional will be able to guide you and answer all of your questions.

pregnant woman with bear

There are many requirements that must be met to adopt a child, but is not smoking one of them?

Can a Mother Put a Baby Up for Adoption without the Father’s Consent? 

This is a complicated question with varying answers depending on the state you live in.

Many moms wonder if they may place their child for adoption without the approval of the father. Quite often, the answer is yes.

The rules concerning the rights of birth fathers differ from state to state.

It also depends on whether the father is an alleged or a legal father. For example, is the father on the birth certificate?

An expectant mother may feel that she does not want to raise the child she is carrying.

Pregnant women have the option of putting their baby up for adoption, but what about the father who helped conceived the child?

What are the birth father’s rights? What are the legal steps regarding adoption and the father’s consent?

In any case, it’s advisable to inform the biological father of your adoption plans or provide him with the choice of parenting.

This step may be missed in circumstances when you do not know who the legal father is or how to reach him.

As everyone knows, it takes two people to make a baby.

While the focus is largely on the birth mother who has decided to give up her baby for adoption, the biological father has rights as well.

Including the biological father in the adoption plan, inviting him to visit with the adoption specialist, and asking him to help choose the adoptive parents is a good way to help him feel more in control and included in the adoption process.

When the biological father does not feel included in the adoption decision, they are more apt to rebel and insist on exercising their parental rights. Basically doing the opposite of what he feels is happening to him.

A child’s legal father has the same legal rights as the mother.

However, there are several conditions that make obtaining the father’s approval for adoption extremely difficult.

This is especially true when the father is abusive or has vanished. In these situations, a birth mother may wonder if she may place her baby for adoption without the approval of the father.

It is possible to place a child for adoption without the approval of the father. Reach out to an adoption professional for more information, such as American Adoptions.

However, if the father decides that he wants his child in the future, a previously arranged adoption might be jeopardized.

At that moment, the father may be able to apply for custody of his child.

Learn ways to bond with your adopted child and help them be comfortable in their new surroundings.

Adoption and Father’s Consent Laws By State 

An adoption professional will have plenty of adoption information about the consent for adoption in your situation, we have put together a list of state-by-state adoption consent laws for a prospective birth mother to get an idea of what she may be facing in her state.

But again, contacting an adoption professional is the quickest way to put your concerns to rest and obtain any necessary guidance.

Important to point out is that the below adoption consent requirements only address father consent requirements.

Other party requirements not relaxed to the parents have been weeded out to zero in on what this article is about; whether adoption can proceed without the father’s consent.

State information below is courtesy of ChildWelfare.gov and Law.Justia.com.

Adoption and Father’s Consent Laws By State
Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

There may be times that a grandparent wishes to adopt their grandchild, but is that permissible?

Under citation code Ala. Code §§ 26-10A-7; 26-10A-8, a father must consent to an adoption in Alabama if the presumed father, regardless of paternity, if:

  • He and the child’s mother are or have been married to each other and the child was born during the marriage or within 300 days after the marriage was terminated
  • Before the child’s birth, he and the child’s mother attempted to marry each other
  • After the child’s birth, he and the child’s mother married or attempted to marry each other, and with his knowledge or consent, he was named as the child’s father on the child’s birth certificate, he is obligated to support the child, or he received the child into his home and openly held out the child as his own child.

The consent or relinquishment of the following persons shall not be required for adoption:

  • A parent whose rights with reference to the child have been terminated
  • A parent who has been adjudged incompetent or mentally incapable of consenting or relinquishing and whose mental disability is likely to continue for so long a period that it would be detrimental to the child to delay adoption until the restoration of the parent’s competency or capacity
  • A parent who has relinquished his or her minor child to the Department of Human Resources or a licensed child-placing agency for an adoption
  • A deceased parent or one who is presumed to be deceased
  • An alleged father who has signed a written statement denying paternity
  • The natural father when the natural mother indicates the natural father is unknown unless the natural father is otherwise made known to the court

Under citation code Alaska Stat. § 25.23.040, a father must consent to an adoption in Alaska if the father of the minor was married to the mother at the time the minor was conceived or at any time after conception, the minor is the father’s child by adoption, or the father has otherwise legitimated the minor.

Consent to adoption is not required of:

  • A parent who has abandoned a child for a period of at least 6 months
  • A parent of a child in the custody of another, if the parent for a period of at least 1 year has failed significantly without justifiable cause, including but not limited to indigency:
    • To communicate meaningfully with the child
    • To provide for the care and support of the child as required by law or judicial decree
  • The father, if the father’s consent is not required by § 25.23.040(a)(2)
  • A parent who has relinquished the right to consent
  • A parent whose parental rights have been terminated by order of the court
  • A parent is judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent
  • A parent of the adoptee if the adoptee is age 18 or older

Under citation code Rev. Stat. § 8-106, a father must consent to an adoption in Arizona if the father:

  • Was married to the mother at the time of conception
  • Is the adoptive father
  • Has otherwise established paternity

It is not necessary for a person to obtain consent to adopt from the following:

  • An adult parent for whom a guardian is currently appointed
  • A parent whose parental rights have been terminated by court order
  • A parent who has previously consented to an agency’s or the division’s placement of the child for adoption

Under citation code Ann. Code § 9-9-206, a father must consent to an adoption in Arkansas if he:

  • Was married to the mother at the time the minor was conceived or at any time thereafter
  • The minor is his child by adoption
  • He has custody of the minor at the time the petition is filed
  • He has a written order granting him legal custody of the minor at the time the petition for adoption is filed, or
  • He proves that a significant custodial, personal, or financial relationship existed with the minor before the petition for adoption is filed

Consent to adoption is not required of:

  • A parent who has deserted a child without affording means of identification or who has abandoned a child
  • A parent of a child in the custody of another, if the parent has failed significantly without justifiable cause to communicate with the child or to provide for the care and support of the child for at least 1 year
  • The father of a minor if the father’s consent is not required by § 9‑9‑206(a)(2)
  • A parent who has relinquished the right to consent or whose rights have been terminated
  • A parent is judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent
  • Any parent of the adoptee if the adoptee is an adult

Under citation code Fam. Code §§ 8603; 8604; 8605, a father must consent to an adoption in California if:

  • He is the living birth parent, or
  • The parent having custody is required to consent to adoption if the other parent
    • Fails to communicate with and support the child
    • Fails to respond to notice of adoption

The consent of a presumed father is not required for the child’s adoption unless he became a presumed father before the mother’s relinquishment, before consent becomes irrevocable, or before the mother’s parental rights have been terminated.

The consent of a birth parent is not necessary when the birth parent has:

  • Been judicially deprived of the custody and control of the child
  • Voluntarily surrendered the right to the custody and control of the child
  • Deserted the child without provision for identification of the child
  • Relinquished the child for adoption as provided in § 8700
  • Relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction

Under citation code Rev. Stat. § 19-5-207, the father must consent to an adoption in Colorado unless the following apply:

Consent is not required when:

  • The parent’s rights have been terminated due to the parent’s unfitness, as outlined in § 19‑3‑604.
  • The parent has failed to provide support or has abandoned the child for 1 year.

Under citation code Gen. Stat. §§ 45a-724; 45a-715, a father’s consent to an adoption in Connecticut involves the following:

The following persons may give a child in adoption:

  • A statutory parent
  • Any parent of a minor child who agrees in writing with his or her spouse that the spouse shall adopt or join in the adoption of the child if that parent is:
    • The surviving parent if the other parent has died
    • The mother of a child born out of wedlock provided that there is a putative father who has been notified and the rights of the putative father have been terminated
    • A former single person who adopted a child and thereafter married
    • The sole guardian of the child, if the parental rights, if any, of any person other than the parties to that agreement have been terminated
  • Any parent of a minor child who agrees in writing with the other person who shares parental responsibility for the child that the other person shall adopt or join in the adoption of the child, if the parental rights, if any, of any other person other than the parties to that agreement have been terminated
  • For any minor child who is free for adoption, the child’s guardian who agrees in writing with a relative that the relative shall adopt the child

Consent of the parent is not needed if parental rights have been involuntarily terminated because the parent has:

  • Abandoned the child by failing to maintain a reasonable degree of interest, concern, or responsibility for the welfare of the child
  • Subjected the child to sexual molestation and exploitation, severe physical abuse, or a pattern of abuse
  • Failed to establish an ongoing parent-child relationship with the child
  • Been found by the court to have neglected the child in a prior proceeding, or whose child has been in the custody of the commissioner for at least 15 months and has failed to achieve such degree of personal rehabilitation as would encourage the belief that, within a reasonable time, considering the age and needs of the child, the parent could assume a responsible position in the life of the child
  • Had his or her parental rights in regard to another child previously terminated
  • Killed through a deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired, or solicited such killing or has committed an assault, through a deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent
  • Been convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of a child

Under citation code Tit. 13 §§ 908 and Ann. Code Tit. 13 § 1103(a), a father’s consent to an adoption in Delaware involves the following.

The parent’s consent is not required when his or her parental rights have been involuntarily terminated, it appears to be in the child’s best interests, and one or more of the following grounds exist:

  • The parent has abandoned the child
  • The parent is unable to discharge parental duties due to mental incompetence
  • The parent has been convicted of a felony in which a child has been harmed or endangered
  • The parent is unable or has failed to plan adequately for the child’s needs
  • Parental rights over a sibling of the child have been involuntarily terminated
  • The parent has subjected a child to torture, chronic abuse, sexual abuse, and/or life-threatening abuse
  • A child has suffered unexplained serious physical injury, near death, or death that resulted from the intentional or reckless conduct or willful neglect of the parent

Under citation code Ann. Stat. § 63.062, the father must consent to an adoption in Florida per the following.

A petition to terminate parental rights pending adoption may be granted only if written consent has been executed by:

  • The father of the minor, if:
    • The minor was conceived or born while the father was married to the mother
    • The minor is his child by adoption
    • The minor has been established by court proceedings to be his child
    • He has filed an affidavit of paternity
    • In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, and has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes

The court may waive the consent of the following individuals to an adoption:

  • A parent who has deserted a child without means of identification or who has abandoned a child
  • A parent whose parental rights have been terminated by order of a court of competent jurisdiction
  • A parent who has been judicially declared incompetent and for whom the restoration of competency is medically improbable

Under citation code § 19-8-12 (2020), a father’s consent to an adoption in Georgia involves the following.

  • A biological father who is not a legal father may have an interest in his biological child. This inchoate interest is lost by failure to develop a familial bond with the child and acquires constitutional protection only if a biological father who is not a legal father develops a familial bond with the child;
  • The subjective intent of a biological father who is not a legal father, whether expressed or otherwise, unsupported by evidence of acts manifesting such intent, shall not preclude a determination that a biological father who is not a legal father has failed to develop a familial bond with the child; and
  • A man who has engaged in a nonmarital sexual relationship with a woman is deemed to be on notice that a pregnancy and adoption proceeding regarding a child may occur and has a duty to protect his own rights and interests in that child. He is therefore entitled to notice of an adoption proceeding only as provided in this Code section.

Justia US Law goes into much more detail on this law here.

Under citation code Rev. Stat. § 578-2(a), a father’s consent to an adoption in Hawaii involves the following.

Written consent to a proposed adoption must be executed by:

  • A legal father
  • An adjudicated father whose relationship to the child has been determined by a court
  • A presumed father
  • A concerned natural father who is not the legal, adjudicated, or presumed father but who has demonstrated a reasonable degree of interest, concern, or responsibility as to the welfare of a child:
    • During the first 30 days after the child’s birth
    • Prior to the execution of a valid consent by the mother of the child
    • Prior to the placement of the child with adoptive parents

Consent is not required from the following:

  • A parent who has deserted a child for a period of 90 days without affording means of identification
  • A parent who has voluntarily surrendered the care and custody of the child to another for a period of 2 years
  • A parent, whose child is in the custody of another, who has failed for a period of at least one 1year to communicate with the child or provide for the care and support of the child when able to do so
  • A natural father who was not married to the child’s mother at the time of the child’s conception or birth and has not established paternity
  • A parent whose parental rights have been judicially terminated
  • A parent judicially declared mentally ill, mentally retarded, or incapacitated from giving consent
  • Any legal guardian or custodian who is found by the court to be withholding consent unreasonably
  • A parent of a child who has been in the custody of a petitioner for at least 1 year and who entered the United States as a consequence of extraordinary circumstances in the child’s country of origin, by reason of which the existence, identity, or whereabouts of the child’s parents is not reasonably ascertainable or there are no reasonable means of obtaining suitable evidence of the child’s identity or availability for adoption
  • Any parent of the adoptee if the adoptee is an adult eligible for adoption under this section
  • A parent whose parental and custodial duties and rights have been divested by an award of permanent custody pursuant to § 587‑73

Under citation code Ann. Stat. § 16-1504, a father’s consent to an adoption in Idaho is required under the following circumstances:

  • Both parents or the surviving parent of a child who was conceived or born within a marriage, unless the child is age 18 or older
  • Any birth parent who has been adjudicated to be the child’s birth father by a court of competent jurisdiction prior to the mother’s execution of consent
  • An unmarried birth father who has established paternity of the child
  • The father of an illegitimate child who has adopted the child by acknowledgment

No consent shall be required of, nor notice given to, any person whose parental relationship to that child has been terminated.

To read about father’s adoption consent laws in Illinois, visit Justia Law. The amount of information provided for the state of Illinois was a bit more than we could fit within a small section of an article.

Under citation code Ann. Code § 31-19-9-1, a father’s consent to an adoption in the state of Indiana involves the following:

  • Each living parent of a child born in wedlock
  • The mother of a child born out of wedlock and the father of a child who has established paternity

Consent is not required from any of the following:

  • A parent who is adjudged to have abandoned the child for at least 6 months immediately prior to the filing of the petition
  • A parent of a child in the custody of another person who fails for a period of at least 1 year to communicate significantly or provide for the care and support of the child when able to do so
  • A birth father of a child born out of wedlock who has not established paternity
  • A birth father of a child born out of wedlock whose child was conceived as a result of rape, child molesting, sexual misconduct with a minor, or incest
  • A putative father whose consent to adoption is irrevocably implied, who established paternity after an adoption petition was filed, or who failed to register with the putative father registry
  • A parent who has relinquished the right to consent or whose rights have been terminated
  • A parent judicially declared incompetent or mentally defective
  • A legal guardian who has unreasonably failed to consent to the adoption
  • A parent who has been found to be unfit
  • A birth father who had denied paternity before or after the birth of the child

Consent to adoption is not required from a parent if the parent is convicted of committing any of the crimes listed below and the victim is the child’s other parent:

  • Murder, causing suicide, or voluntary manslaughter
  • An attempt to commit a crime described above
  • A crime in another state that is substantially similar to a crime described above

Consent to adoption is not required from a parent if the parent is convicted of any of the following and the victim is another child of the parent:

  • Murder, causing suicide, or voluntary manslaughter
  • Rape, criminal deviate conduct, child molesting, or incest
  • Neglect of a dependent or battery

Under citation code Ann. Stat. § 600.7, a father’s consent to an adoption in the state of Iowa involves the following.

Consent may be unnecessary if:

  • Any person required to consent refuses to or cannot be located.
  • A parent has signed a release of custody and the release has not been revoked.
  • A parent has petitioned for termination of parental rights.
  • The parent has abandoned the child.
  • A parent has been ordered to contribute to the support of the child or financially aid in the child’s birth and has failed to do so without good cause.
  • A parent does not object to the termination, although every reasonable effort has been made to identify, locate, and give notice to that parent.
  • An adoptive parent requests termination of parental rights and the parent-child relationship based upon a showing that the adoption was fraudulently induced.
  • The parent has been determined to be a chronic substance abuser and the parent has committed a second or subsequent domestic abuse assault.
  • The parent has abducted the child, has improperly removed the child from the physical custody of the person entitled to custody without the consent of that person or has improperly retained the child after a visit or other temporary relinquishment of physical custody.
  • The parent has been imprisoned for a crime against the child, the child’s sibling, or another child in the household, or the parent has been imprisoned and it is unlikely that the parent will be released from prison for a period of 5 or more years.
  • The parent has been convicted of a felony offense that is a criminal offense against a minor, the parent is divorced from or was never married to the minor’s other parent, and the parent is serving a minimum sentence of confinement of at least 5 years for that offense.

Under citation code Ann. Stat. §§ 59-2129; 59-2136(d), a father’s consent to an adoption in the state of Kansas involves the following.

Consent to an independent adoption shall be given by:

  • The living parents of the child
  • One of the parents of the child, if the other’s consent is found unnecessary under § 59‑2136
  • The judge of any court has jurisdiction over the child pursuant to the code for care of children if parental rights have not been terminated

The court may terminate the father’s parental rights upon a finding, by clear and convincing evidence, of any of the following:

  • The father abandoned or neglected the child after having knowledge of the child’s birth.
  • The father is unfit as a parent or incapable of giving consent.
  • The father has made no reasonable efforts to support or communicate with the child.
  • The father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the 6 months prior to the child’s birth.
  • The father abandoned the mother after having knowledge of the pregnancy.
  • The birth of the child was the result of rape of the mother.
  • The father has failed or refused to assume the duties of a parent for 2 consecutive years immediately prior to the filing of the petition.

Under citation code Rev. Stat. § 199.500, a father’s consent to an adoption in the state of Kentucky involves the following.

Adoption shall not be granted without the voluntary and informed consent of:

  • The living parent or parents of a child born in lawful wedlock
  • The father of the child born out of wedlock, if paternity is established in a legal action or in an affidavit acknowledging paternity of the child

The consent of a parent shall not be required if the parent:

  • Has been adjudged mentally disabled
  • Has had his or her parental rights terminated
  • Is divorced from the other parent, his or her rights have been terminated, and consent has been given by the parent having custody and control of the child
  • Is a birth parent who has not established parental rights
  • Has abandoned the child for a period of not less than 90 days
  • Has inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury
  • Has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, physical injury, or emotional harm
  • Has been convicted of a felony that involved the infliction of serious physical injury to the child
  • For a period of not less than 6 months has continuously or repeatedly failed, refused to provide, or been substantially incapable of providing essential parental care and protection for the child, and there is no reasonable expectation of improvement in parental care and protection
  • Has caused or allowed the child to be sexually abused or exploited
  • For reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing essential food, clothing, shelter, medical care, or education reasonably necessary and available for the child’s well‑being, and there is no reasonable expectation of significant improvement in the parent’s conduct in the immediately foreseeable future
  • Has had his or her rights to another child involuntarily terminated and the condition or factor that was the basis for the previous termination finding has not been corrected
  • Has been convicted of having caused or contributed to the death of another child as a result of physical or sexual abuse or neglect

Under Citation Ch. Code Art. 1193; 1113, a father’s consent to an adoption in the state of Louisiana involves the following.

Consent to the adoption of a child shall be required of the following:

  • The father of the child, regardless of the child’s actual paternity, if any of the following apply:
    • The child is a child born of the marriage
    • The father is presumed to be the father of the child in accordance with the law
  • The alleged father of the child has established his parental rights in accordance with the law
  • The biological father of the child whose paternity has been determined by a judgment of filiation and who has established his parental rights

Under citation code Rev. Stat. Tit. 18-A, § 9-302, a father’s consent to an adoption in the state of Maine involves the following.

Written consent to the adoption must be given by:

  • Each living parent

Consent to adoption is not required of:

  • A putative father or a legal father who is not the birth father if he:
    • Received notice and failed to respond to the notice within the prescribed time period
    • Waived his right to notice under § 9‑201(c)
    • Failed to meet the standards of § 9‑201(i)
    • Holds no parental rights regarding the child under the laws of the foreign jurisdiction in which the child was born
  • A parent whose parental rights have been terminated
  • A parent who has executed a surrender and release pursuant to § 9‑202
  • A parent whose parental rights have been voluntarily or judicially terminated and transferred to a public agency or a duly licensed private agency pursuant to the laws of another State or country
  • The parent of an adoptee who is age 18 or older

Under citation code Fam. Law § 5-338, a father’s consent to an adoption in the state of Maryland involves the following.

Consent to an adoption is required from the following persons:

  • The birth mother and father

A court may allow adoption without parental consent if the court finds clear and convincing evidence that:

  • The parent has not had custody of the prospective adoptee for at least 1 year.
  • The child to be adopted has significant emotional ties to and feelings for the petitioner.
  • The parent has not maintained meaningful contact with the child while the petitioner had custody, notwithstanding an opportunity to do so.
  • The parent has failed to contribute to the child’s physical care and support, notwithstanding the ability to do so.
  • The parent has subjected the child to chronic abuse, chronic and life‑threatening neglect, sexual abuse, or torture.
  • The parent has been convicted of abuse of any offspring.
  • The parent has been convicted, in any State or any court of the United States, of:
    • A crime of violence against a minor offspring of the parent, the child, or another parent of the child
    • Aiding or abetting, conspiring, or soliciting to commit a crime described above
  • The parent has, other than by consent, lost parental rights to a sibling of the child.

Under citation code Ann. Laws Ch. 210, § 2, a father’s consent to an adoption in the state of Massachusetts involves the following.

Written consent to the adoption is required from:

  • The lawful parents, who may be previous adoptive parents
  • A surviving parent
  • The mother only, if the child has been born out of wedlock

Under citation code Comp. Laws § 710.43, a father’s consent to an adoption in the state of Michigan involves the following.

Consent to adoption shall be executed by:

  • Each parent or the surviving parent

The court may permanently terminate the rights of the putative father when he:

  • Submits a verified affirmation of his paternity and a denial of his interest in custody of the child
  • Files a disclaimer of paternity
  • Was served with a notice of intent to release or consent at least 30 days before the expected date of birth but failed to file an intent to claim paternity either before the expected date of birth or before the birth of the child
  • Is given proper notice of hearing but either fails to appear at the hearing or appears and denies his interest in custody of the child
  • Has not made provision for the child’s care and did not provide support for the mother during her pregnancy
  • Has not provided support for the mother, has not shown any interest in the child, and has not made provision for the child’s care, for at least 90 days preceding the hearing required under § 36

Under citation code Ann. Stat. § 259.24, a father’s consent to an adoption in the state of Minnesota involves the following.

  • No child shall be adopted without the consent of the child’s parents and the child’s guardian if there is one
  • If there is no parent or guardian qualified to consent to the adoption, the consent shall be given by the commissioner
  • If an unmarried parent who consents to the adoption of a child is under age 18, the consent of the minor parent’s parents or guardian, if any, also shall be required
  • If either or both the parents are disqualified for any reason, the consent of such parent shall be waived, and the consent of the guardian only shall be sufficient

Consent shall not be required of a parent:

  • Who is not entitled to notice of the proceedings
  • Who has abandoned the child
  • Who has lost custody of the child through a divorce decree or a decree of dissolution, and upon whom notice has been served as required by § 259.49
  • Whose parental rights to the child have been terminated or who has lost custody of a child through a final commitment of the juvenile court or through a decree in a prior adoption proceeding

Under citation code Ann. Code § 93-17-5, a father’s consent to an adoption in the state of Mississippi involves the following.

Consent shall be executed by:

  • The parents, or parent if only one parent, even if either one is under the age of 21
  • If both parents are dead, then any two adult kin of the child within the third degree

An adoption may be allowed over the objection of a parent when the parent:

  • Has abused the child
  • Has not consistently offered to provide reasonably necessary food, clothing, appropriate shelter, and treatment for the child
  • Suffers from a medical or emotional illness, mental deficiency, behavior, or conduct disorder, severe physical disability, substance abuse, or chemical dependency that makes him or her unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior
  • Has a history of past or present conduct, including criminal convictions, that viewed in its entirety, would pose a risk of substantial harm to the physical, mental, or emotional health of the child
  • Has engaged in acts or omissions permitting termination of parental rights

Under citation code Rev. Stat. § 453.030, a father’s consent to an adoption in the state of Missouri involves the following.

Written consent shall be required of:

  • The man who is presumed to be the father only if he has acted to establish paternity no later than 15 days after the birth of the child, or has filed with the putative father registry

The consent to the adoption of a child is not required of:

  • A parent whose rights to the child have been terminated
  • A parent of a child who has legally consented to the future adoption of the child
  • A parent whose identity is unknown and cannot be ascertained at the time of the filing of the petition
  • A man who has not been established to be the father and who is not presumed by law to be the father and who, after the conception of the child, executes a verified statement denying paternity and disclaiming any interest in the child
  • A parent or other person who has not executed consent and fails to respond to notice
  • A parent who has a mental condition that is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed that renders the parent unable to knowingly provide the child the necessary care, custody, and control
  • A parent who has for a period of at least 6 months for a child age 1 or older, or at least 60 days for a child under age 1, immediately prior to the filing of the petition for adoption, willfully abandoned the child or, for a period of at least 6 months immediately prior to the filing of the petition for adoption, willfully, substantially, and continuously neglected to provide the child with necessary care and protection

Under citation code Ann. Code § 42-2-301, a father’s consent to an adoption in the state of Montana involves the following.

Written consents to adoption must be executed by:

  • The husband of the birth mother, if the husband is the presumed father of the child
  • Any other person whose parental rights have been established by a court

Consent to the adoption of a child is not required from:

  • An individual whose parental relationship to the child has been judicially terminated for unfitness has been determined not to exist or has been waived
  • A parent who has been judicially declared incompetence
  • An individual who has not been married to the mother of the child and who, after the conception of the child, executes a notarized statement denying paternity or a notarized statement acknowledging paternity and denying any interest in the child

Under citation code Rev. Stat. §§ 43-104; 43-105, a father’s consent to an adoption in the state of Nebraska involves the following.

Except as otherwise provided in the Nebraska Indian Child Welfare Act, no adoption shall be decreed unless written consents are executed by:

  • Both parents of a child born in lawful wedlock, if living
  • The surviving parent of a child born in lawful wedlock
  • The mother of a child born out of wedlock
  • Both the mother and father of a child born out of wedlock as determined pursuant to §§ 43‑104.08 to 43‑104.24

Consent shall not be required of any parent who:

  • Has relinquished the child for adoption by a written instrument
  • Has abandoned the child for at least 6 months immediately prior to the filing of the adoption petition
  • Has been deprived of his or her parental rights to the child by the order of any court of competent jurisdiction
  • Is incapable of consenting

Under citation code Rev. Stat. § 127.040, a father’s consent to an adoption in the state of Nevada involves the following.

Written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized to accept relinquishments is required from:

  • Both parents if both are living
  • One parent if the other is deceased

A release executed by the father who is not married to the mother becomes invalid if:

  • The father of the child marries the mother of the child before the child is born.

Under citation code Rev. Stat. § 170-B:5, a father’s consent to an adoption in the state of New Hampshire involves the following.

A surrender of parental rights shall be obtained from:

  • The legal father provided that if he is under age 18, the court may require the assent of his parents or legal guardian
  • The birth father provided that he was found to be entitled to notice and that if he is under age 18, the court may require the assent of his parents or legal guardian

Surrender of parental rights is not required of:

  • The alleged father has not met the requirements of § 170‑B:5(I) or § 170‑B:6
  • A parent whose parental rights have been voluntarily or involuntarily terminated by a court in another State
  • An alleged father who is found not to be the father
  • Any parent of the adoptee if the adoptee is an adult
  • A parent whose parental rights have been terminated
  • An alleged father who is convicted of an offense under §§ 632‑A:2, 632‑A:3, 632‑A:4, or 639:2 that resulted in the conception of the child
  • For parents whose parental rights have been determined to be voluntarily or involuntarily terminated by the proper authorities in another country, such determination to be evidenced by documentation issued by the U.S. Department of Justice or the U.S. Department of State and deemed acceptable by probate court rule

Under citation code Ann. Stat. §§ 9:3-41; 9:3-45, a father’s consent to an adoption in the state of New Jersey involves the following.

The child may be surrendered for adoption by:

  • The parent or guardian of the child

Notice of an adoption proceeding shall not be served on a parent:

  • Who has executed a valid surrender to an approved agency
  • Whose parental rights have been terminated in a separate judicial proceeding
  • Who has, prior to the placement of the child for adoption, received notice of the intention to place the child and who has either failed to file written objections or denied paternity or maternity of the child
  • Who has given the child for adoption to the adopting parent, and the court has determined that the surrender was voluntary and proper
  • Whose child has been made available for adoption in a foreign state or country if the U.S. Immigration and Naturalization Service has determined that the child has been approved for adoptive placement
  • Who is presumed to be the biological father of the child but who, within 120 days of the birth of the child or prior to the date of the preliminary hearing, whichever occurs first, has not acknowledged paternity

Under citation code Ann. Stat. § 32A-5-17, a father’s consent to an adoption in the state of New Mexico involves the following.

Consent to adoption or relinquishment of parental rights to the department or an agency licensed by the State of New Mexico shall be required of the following:

  • The presumed father
  • The acknowledged father

A consent to adoption shall be implied by the court if the parent, without justifiable cause, has:

  • Left the child without provision for the child’s identification for a period of 14 days
  • Left the child with others, including the other parent or an agency, without provisions for support and without communication for a period of:
    • 3 months, if the child was under age 6 at the commencement of the 3‑month period
    • 6 months, if the child was over age 6 at the commencement of the 6‑month period

The consent to adoption shall not be required from:

  • A parent whose rights with reference to the child have been terminated
  • A parent who has relinquished the child to an agency for adoption
  • A biological father of a child conceived as a result of rape or incest
  • A person who has failed to respond when given notice pursuant to the provisions of § 32A‑5‑27
  • An alleged father who has failed to register with the putative father registry within 10 days of the child’s birth and is not otherwise the acknowledged father

Under citation Dom. Rel. Law §§ 111; 113, a father’s consent to an adoption in the state of New York involves the following.

Consent to adoption shall be required from the following:

  • The parents or surviving parent, whether adult or minor, of a child, conceived or born in wedlock
  • The father, whether adult or minor, of a child born out‑of‑wedlock and placed with the adoptive parents more than 6 months after birth, but only if that father has maintained substantial and continuous or repeated contact with the child
  • The father, whether adult or minor, of a child born out‑of‑wedlock and placed with the adoptive parents less than 6 months after birth, but only if the father:
    • Openly lived with the child or the child’s mother for a continuous period of 6 months immediately preceding the placement of the child for adoption
    • Openly held himself out to be the father of such child during such period
    • 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

Consent shall not be required of a parent or of any other person having custody of the child:

  • Who evinces an intent to forego his or her parental or custodial rights and obligations as manifested by his or her failure for a period of 6 months to visit the child and communicate with the child or person having legal custody of the child, although able to do so
  • Who has surrendered the child to an authorized agency
  • For whose child a guardian has been appointed
  • Who, by reason of mental illness or mental retardation, is presently and for the foreseeable future unable to provide proper care for the child
  • Who has executed an instrument, which shall be irrevocable, denying the paternity of the child

Under citation code Gen. Stat. §§ 48-3-601; 48-3-602, a father’s consent to an adoption in the state of North Carolina involves the following.

Consent to an adoption in a direct placement must be executed by:

  • Any man who may or may not be the biological father of the minor but who:
    • Is or was married to the mother
    • Attempted to marry the mother of the minor before the minor’s birth
    • Has legitimated the minor under the law of any State
    • Has acknowledged his paternity of the minor
    • Has received the minor into his home and openly held out the minor as his biological child
    • Is the adoptive father of the minor

Consent to an adoption of a minor is not required of:

  • An individual whose parental rights and duties have been terminated
  • A man, other than an adoptive father, who has been judicially determined not to be the father of the minor adoptee or another man has been judicially determined to be the father of the minor
  • An individual who has relinquished parental rights or guardianship powers, including the right to consent to adoption
  • A man who is not married to the minor’s birth mother and who, after the conception of the minor, has executed a notarized statement denying paternity or disclaiming any interest in the minor
  • A deceased parent or the personal representative of a deceased parent’s estate
  • An individual listed in § 48‑3‑601 who has not executed a consent or a relinquishment and who fails to respond to a notice of the adoption proceeding within 30 days after the service of the notice
  • An individual who does not respond to notice of the adoption proceedings in a timely manner or whose consent is not required as determined by the court
  • An individual whose actions resulted in a conviction under § 14‑27.2 or § 14‑27.3 and the conception of the minor to be adopted

Under citation Cent. Code § 14-15-05, a father’s consent to an adoption in the state of North Dakota involves the following.

A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

  • The father of the minor if:
    • The minor is the father’s child by adoption, or the father has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought.
    • The person is presumed to be the biological father of the minor, provided the nonexistence of the father and child relationship between them has not been judicially determined.

Consent to adoption is not required of:

  • A parent who has deserted a child without affording means of identification or who has abandoned a child
  • A parent of a child in the custody of another, if the parent for a period of at least 1 year has failed significantly without justifiable cause to communicate with the child or to provide for the care and support of the child
  • The father of a minor if the father’s consent is not required by § 14‑15‑05(1)
  • A parent who has relinquished the right to consent
  • A parent whose parental rights have been terminated
  • A parent is judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent
  • Any parent of the adoptee if the adoptee is an adult
  • Any legal guardian or lawful custodian of the adoptee, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of the guardian’s or custodian’s written reasons for withholding consent, is found by the court to be withholding consent unreasonably
  • The spouse of the adoptee if the failure of the spouse to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent
  • A parent of the minor, if the failure of the parent to consent is excused by the court in the best interests of the child by reason of the parent’s prolonged unexplained absence, unavailability, incapacity, or significant failure, without justifiable cause, to establish a substantial relationship with the minor or to manifest a significant parental interest in the minor, or by reason of the inability of the court to identify the parent

Under citation Rev. Code § 3107.06, a father’s consent to an adoption in the state of Ohio involves the following.

For a child born after 1-1-1997, an adoption petition may be granted only when written consent has been executed by:

  • The father if:
    • The minor was conceived or born while the father was married to the mother.
    • The minor is his child by adoption.
    • Prior to the date the petition was filed, a court determined that he has a parent-child relationship with the minor.
    • He acknowledged the paternity of the child, and the acknowledgment of paternity has become final.
  • The putative father

Under code Ann. Stat. Tit. 10, § 7503-2.1, a father’s consent to an adoption in the state of Oklahoma involves the following.

Written consent to adoption or a permanent relinquishment for adoption must be executed by:

  • Both parents
  • One parent alone if:
    • The other parent is dead.
    • The parental rights of the other parent have been terminated.
    • The consent of the other parent is otherwise not required pursuant to § 7505‑4.2.

Consent to adoption is not required from a parent who:

  • For 12 consecutive months out of the last 14 months immediately preceding the filing of a petition for adoption of a child has willfully failed, refused, or neglected to contribute to the support of such minor
  • Is entitled to custody of a minor and has abandoned the minor
  • Fails to establish and/or maintain a substantial and positive relationship with the minor for 12 consecutive months
  • Has been convicted of physically or sexually abusing the minor or a sibling of the minor or failed to protect the minor or a sibling of the minor from physical or sexual abuse that resulted in severe harm or injury
  • Has been convicted in a criminal action of having caused the death of a sibling of the minor as a result of the physical or sexual abuse or chronic neglect of such sibling
  • Has been sentenced to a period of incarceration of not less than 10 years and the continuation of parental rights would result in harm to the minor
  • Has a mental illness or mental deficiency that renders the parent incapable of adequately and appropriately exercising parental rights, duties, and responsibilities
  • Has permanently relinquished parental rights and responsibilities to the minor
  • Has had his or her parental relationship with a minor legally terminated or legally determined not to exist
  • Has voluntarily placed a minor child in the care of a licensed child care institution or child-placing agency, if the minor has remained in out‑of‑home care for 18 months or more, and the parent has willfully failed to substantially comply for 12 consecutive months out of the 14‑month period immediately preceding the filing of the petition for adoption with a reasonable written plan of care

Under citation code Ann. Stat. §§ 109.312; 109.314; 109.316, a father’s consent to an adoption in the state of Oregon involves the following.

Consent in writing to the adoption of a child shall be given by:

  • The parents of the child, or the survivor of them

An adoption may be granted without the consent of the parent if:

  • A parent has been adjudged mentally ill or mentally deficient and remains so at the time of the adoption proceedings.
  • A parent is imprisoned in a State or Federal prison under a sentence for a term of not less than 3 years and has actually served 3 years.
  • A parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for 1 year immediately prior to the filing of the petition for adoption.
  • The mother of a child was married at the time of the conception or birth of the child, and it has been determined that her husband at such time was not the father of the child; in this case, consent of the husband is not required.

Under citation Cons. Stat. Ch. 23, § 2711, a father’s consent to an adoption in the state of Pennsylvania involves the following.

Consent to an adoption shall be required by:

  • The parents or surviving parent of a child who has not reached the age of 18

The consent of the parent is not required when:

  • The person to be adopted is age 18 or older.
  • The child is under age 18 and has no parent living whose consent is required.
  • The parental rights of the parent have been terminated.
  • The court finds that grounds exist for involuntary termination under § 2511.

Under citation Gen. Laws §§ 15-7-5; 15-7-10, a father’s consent to an adoption in the state of Rhode Island involves the following.

The parents of the child, or their survivor, shall consent in writing to the adoption.

Under citation Ann. Code § 63-9-310, a father’s consent to an adoption in the state of South Carolina involves the following.

Consent or relinquishment for the purpose of adoption is required by:

  • The parents or surviving parent of a child conceived or born during the marriage of the parents
  • The father of a child born when the father was not married to the child’s mother if the child was placed with the prospective adoptive parents more than 6 months after the child’s birth, but only if the father has maintained substantial and continuous or repeated contact with the child
  • The father of a child born when the father was not married to the child’s mother, if the child was placed with the prospective adoptive parents less than 6 months after the child’s birth, but only if the father openly lived with the child or the child’s mother and openly held himself out to be the father or paid a fair and reasonable sum for the support of the child

Consent or relinquishment for the purpose of adoption is not required of the following persons:

  • A parent whose parental rights have been terminated
  • A parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose of adoption and whom the court finds to be unlikely to provide minimally acceptable care to the child and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court’s judgment, it would be detrimental to the child to delay adoption
  • The biological parent of a child conceived as a result of that parent’s criminal sexual conduct or incest

Under citation Codified Laws § 25-6-4, a father’s consent to an adoption in the state of South Dakota involves the following.

If it is in the best interests of the child, the court may waive consent from a parent or putative father who:

  • Has been convicted of any crime punishable by imprisonment in the penitentiary for a period that, in the opinion of the court, will deprive the child of the parent’s companionship for a critical period of time
  • Has, by clear and convincing evidence, abandoned the child for 6 months or more immediately prior to the filing of the petition
  • Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection
  • Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care necessary for the child’s health, morals, or welfare or has neglected to pay for such subsistence, education, or other care if legal custody of the child is lodged with others and such payment ordered by the court
  • Is unfit by reason of habitual abuse of intoxicating liquor or narcotic drugs
  • Has been judicially deprived of the custody of the child, if the adjudication is final on appeal to the court of last resort or the time for an appeal has expired
  • Has caused the child to be conceived as a result of rape or incest
  • Does not appear personally or by counsel at the hearing to terminate parental rights after the notice was received at least 30 days prior to the hearing

Under citation Ann. Code §§ 36-1-110; 36-1-117, a father’s consent to an adoption in the state of Tennessee involves the following.

The following persons must be made parties to an adoption proceeding:

  • The parent, the legal parent, or the guardian
  • The putative biological father of the child

The parent, legal parent, guardian, or putative biological father of the child shall not be made a party to the adoption proceeding if he or she:

  • Has surrendered parental or guardianship rights to the child
  • Has executed a parental consent that has been confirmed by the court
  • Has waived his or her rights or has had his or her rights terminated by the order of a court of competent jurisdiction

Under citation Fam. Code § 162.010, a father’s consent to an adoption in the state of Texas involves the following.

If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption, and further consent of that parent is not required.

Consent of the parent is not required when:

  • The parent is unable to care for the child due to mental illness.
  • The parent has voluntarily terminated parental rights.
  • The parent has no right of consent after an abortion when the child survives.
  • A person is convicted of a crime resulting in the birth of a child.
  • The parent’s rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse, or neglect.

Under citation Ann. Code §§ 78B-6-120; 78B-6-123, a father’s consent to an adoption in the state of Utah involves the following.

Consent to the adoption of a child, or relinquishment of a child for adoption, is required from:

  • A man who by operation of law under § 78B‑15‑607 is recognized as the father of the proposed adoptee or is the father of the adoptee by a previous legal adoption
  • Any biological parent who has executed and filed a voluntary declaration of paternity with the State Registrar of Vital Statistics within the Department of Health, prior to the mother’s execution of consent to adoption or her relinquishment of the child for adoption
  • An unmarried biological father of the child, only if he strictly complies with requirements to develop a substantial relationship with the child, openly acknowledge himself to be the father, initiates paternity proceedings, and agrees to support the child

The consent of an unmarried biological father is not required if:

  • The court determines that the unmarried biological father’s rights should be terminated based on the petition of any interested party.
  • A declaration of paternity declaring the unmarried biological father to be the father of the child is rescinded.
  • The unmarried biological father fails to comply with the requirements to initiate proceedings to establish his paternity of the child.

Under citation code Ann. Stat. Tit. 15A, § 2-401, a father’s consent to an adoption in the state of Vermont involves the following.

In a direct placement of a minor for adoption by a parent or guardian, a petition to adopt the minor may be granted only when consent to the adoption has been executed by:

  • The biological father identified by the mother or as otherwise known to the court
  • A man who is or has been married to the woman if the minor was born during the marriage or within 300 days after the marriage was terminated or a court issued a decree of separation
  • A man who meets all of the following conditions:
    • Was not married to the minor’s mother at the time of the child’s birth
    • Has acknowledged his paternity of the minor by executing a voluntary acknowledgment of paternity or has filed a notice to retain parental rights
    • Has demonstrated a commitment to the responsibilities of parenthood by establishing a custodial, personal, or financial relationship with the child, unless he was prevented from demonstrating such commitment or was unable to demonstrate such commitment

Consent to an adoption of a minor is not required of:

  • A person who has relinquished parental rights or guardianship powers, including the right to consent to adoption, to an agency
  • A person whose parental relationship to the minor has been judicially terminated or determined not to exist
  • A man who has not been married to the woman who gave birth to the minor and who, after the conception of the minor, executes a notarized statement denying paternity or disclaiming any interest in the minor and acknowledging that his statement is irrevocable when executed
  • The personal representative of a deceased parent’s estate
  • A parent or other person who has not executed a consent or a relinquishment and who fails to file an answer or make an appearance in a proceeding for adoption or for termination of a parental relationship within the requisite time after service of notice of the proceeding

Under citation Ann. Code §§ 63.2-1202; 63.2-1241, a father’s consent to an adoption in the state of Virginia involves the following.

Consent shall be executed by:

  • Any man who:
    • Is an acknowledged father under § 20‑49.1
    • Is an adjudicated father under § 20‑49.8
    • Is a presumed father
    • Has registered with the Putative Father Registry

No consent shall be required if:

  • A birth father denies, under oath and in writing, the paternity of the child.
  • The birth father is convicted of rape, statutory rape, incest, or an equivalent offense of another State or any foreign jurisdiction, and the child was conceived as a result of such violation.
  • Any person has had his or her parental rights terminated by a court of competent jurisdiction.
  • A birth parent, without just cause, has neither visited nor contacted the child for a period of 6 months prior to the filing of the petition for adoption.

Under citation Rev. Code § 26.33.160, a father’s consent to an adoption in the state of Washington involves the following.

Consent to an adoption shall be required of the following:

  • The parents and any alleged father of a child under the age of 18

The consent of an alleged father, birth parent, or parent may be dispensed with if the court finds that the proposed adoption is in the best interests of the child, and the alleged father, birth parent, or parent:

  • Has been found guilty of rape or incest where the child was the victim of the rape or incest
  • Has been found guilty of rape or incest where the other parent of the child was the victim of the rape or incest and the child was conceived as a result of the rape or incest

Under citation Ann. Code §§ 48-22-301; 49-3-1, a father’s consent to an adoption in the state of West Virginia involves the following.

Consent to or relinquishment for the adoption of a minor child is required of:

  • The parents or surviving parent, whether adult or infant, of a marital child
  • The outsider father of a marital child who has been adjudicated to be the father of the child or who has filed a paternity action that is pending at the time of the filing of the petition for adoption
  • The determined father

Consent or relinquishment shall not be required of a parent or of any other person having custody of the child:

  • Whose parental rights have been terminated
  • Whom the court finds has abandoned the child
  • Who, in a stepparent adoption, is the birth parent or adoptive parent of the child and is married to the petitioning adoptive parent

Under code Ann. Stat. §§ 48.41; 48.42, a father’s consent to an adoption in the state of Wisconsin involves the following.

A parent may consent to voluntary termination of parental rights. The father of a nonmarital child may consent to the termination of any parental rights that he may have.

Under citation code Ann. Stat. § 1-22-109, a father’s consent to an adoption in the state of Wyoming involves the following.

The consent to adoption shall be signed by:

  • Both parents, if living
  • The surviving parent
  • The mother alone if she does not know the name of the putative father, in which case she shall sign and file an affidavit so stating, and the court shall determine whether the putative father has registered and if so, shall require notice to be given to the putative father

The adoption of a child may be ordered without the written consent of a parent or the putative father if the court finds that the nonconsenting parent or putative father is unknown and that the putative father has not registered, and the affidavit required by § 1‑22‑109(a)(iv) has been filed with the petition to adopt or if the court finds that the putative father or the nonconsenting parent or parents have:

  • Been given notice of the hearing and have failed to answer or appear at the hearing
  • Been judicially deprived of parental rights of the child for any reason
  • Willfully abandoned or deserted the child
  • Willfully failed to contribute to the support of the child for a period of 1 year immediately prior to the filing of the petition to adopt and has failed to bring the support obligation current within 60 days after service of the petition to adopt
  • Willfully permitted the child to be maintained in or by a public or private institution or by the Department of Family Services for a period of 1 year immediately prior to the filing of the petition without substantially contributing to the support of the child
  • Failed, within 30 days after receiving notice of the pending birth or birth of the child, to advise or notify the agency that gave the putative father the notice of his interest in or responsibility for the child or his declaration of paternity
  • Been adjudged by a court to be guilty of cruelty, abuse, neglect, or mistreatment of the child
  • Caused the conception of the child born out of wedlock as a result of sexual assault or incest for which he has been convicted
Trina Greenfield - Adoption Author

About the Author:
Trina Greenfield is passionate about providing information to those considering growing their family. Trina does not run an adoption agency. Her website is strictly information-based, so she is able to provide unbiased, credible information that she hopes will help guide those along their journey.

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