Making the decision to place your baby for adoption can be deeply emotional.
At Ohana Health, we believe it can also be a thoughtful, courageous step toward creating a stable future; one made on your terms.
If you’re considering adoption and worried about what happens if the birth father disagrees, we’re here to offer free, confidential consultations to help you understand your rights and options.
How California Law Treats Fathers: “Presumed” vs. “Alleged”
California adoption law distinguishes between two main categories of fathers: presumed and alleged. This distinction determines what level of consent is required.
- A presumed father has established a recognized parental relationship, such as being married to the mother, signing a voluntary declaration of parentage, or openly accepting the child into his home. His consent is generally required.
- An alleged father is someone who may be the biological father but has not met the legal criteria for presumed status. His rights are more limited, but he must still be notified of the adoption plan.
Understanding which category applies sets the stage for what happens next.
What Happens If He Objects or Doesn’t Respond
If the father is presumed and he does not consent, the adoption typically cannot proceed unless the court finds legal grounds to terminate his parental rights, such as abandonment, neglect, or failure to provide support.
If the father is alleged, the agency or attorney handling the adoption must make a good-faith effort to notify him. After receiving proper notice, he must take legal action within the required timeframe (30 days) to establish parental rights. If he does not respond or does not file the necessary paperwork, the court may terminate his rights, and the adoption can proceed.
What This Means for You
If you’re considering adoption and the birth father disagrees or is absent, there may still be a path forward. The possibility depends on factors like his legal status, whether he was notified, and whether he responds.
At Ohana Health, we don’t act as attorneys or as an adoption agency, but we can provide support and valuable resources. We can provide referrals to reputable adoption agencies.
Contact Ohana Health today for free, confidential support and referrals. If you’re considering parenting or abortion, we also provide information about these options.
