Birth Father Rights – Sound Off

lawBookA few days ago, on an adoption Facebook page, a moderator asked the question: “If you could change one adoption law, what would it be?”.   Wow, where would I start, how could I choose just one?!?!?! I went with a general answer of “federal adoption reform laws” and then added in a few examples of lowering/standardizing adoption fees and making birth father part of the process and not a burden.  This spiraled out of control by people in the “anti-adoption camp”.  They accused me of saying that the birth father posed a burden to me getting my baby via adoption.  This is NOT at all what I meant and luckily before I saw it a friend came to my rescue.  Although the nay sayers still questioned my intent.  So here it is…

In many states birth fathers have very little rights when it comes to the baby they helped create.  Utah is the worst of all the states.  Adoption agencies in Utah actually will pull expecting mothers from their home state to Utah and house them there (at the expense of the potential adoptive parents) to hide them away from birth fathers who are seen as someone that can interfere with the adoption plan.  The right for these men to have a say in the adoption or parent their child is stripped of them.  In states like mine, Ohio, things work a little differently, but recent proposed adoption laws seem to be getting more and more like Utah in my opinion.

When we matched with our first expecting mother, she lived in Indiana which is a state that allows expecting fathers to sign their rights to the child away prior to the birth.  Although the father of the baby did so prior to birth, he later regretted it very much.  This was a constant source of heartache and stress in our adoption match and was one of the reasons the match was not fruitful.   With our second match, the one that resulted in the placement of our son, it was in Ohio and done differently.  The expecting father had rights.  He was involved.  He was a part of the process and agreed 72 hours after birth, just like the mother. It’s not always the case in Ohio though.  Ohio has something called a Putative Father Registry.  In Ohio a woman is not obligated to tell a man she has become pregnant.  It is said to be the man’s duty to inquire if a pregnancy resulted from intercourse.  After birth in Ohio, a father has up to 30 days to register that he thinks he MAY be the father of a child born.  This can disrupt the adoption and that’s not what this blog is about… this blog is about the fact that he is not required to be notified or given any opportunity to fight for his child before birth.  He has to KNOW the registry even exists in order to register.  Did you know about this registry?

Ohio’s new bill passed the House in January and it takes the ability for a father to register with the Putative Father Registry from 30 days down to 7 days.  They are also stating that it “Establishes a pre-birth notification process modeled after the one used in Indiana to provide a mother the option to notify a putative father prior to giving birth”.  I’m sorry, but why is this a legal matter?  The expecting mother CAN ALREADY NOTIFY him.  What this is actually saying though is that now she can ask him to sign away his rights or be forced to sign away his rights by serving him a court order as they are able to do in Indiana and other states.  Don’t mistake the verbiage they are using in the bill for being pro-woman or pro-family.  It solely serves the purpose of diminishing the man’s role in the adoption process because agencies see him as an obstacle to overcome so they can place the baby in a paying clients hands.

As an adoptive mother, I am NOT ok with any form of coercion when it comes to becoming a mother.  If a father is not involved in the adoption plan, I don’t want it to be because he was tricked, manipulated or lied to.   I am part of an adoption triad that is VERY open and is open with all family members.  Not only are Ezra’s birth parents involved regularly in his life, but extended family members as well.  Adoption doesn’t have to be ugly like these laws are trying to make it.

Here is more information on the Ohio Putative Father Registry Law:

3107.061 Putative father on notice that consent unnecessary.

A man who has sexual intercourse with a woman is on notice that if a child is born as a result and the man is the putative father, the child may be adopted without his consent pursuant to division (B) of section 3107.07 of the Revised Code.

Effective Date: 06-20-1996

3107.062 Putative father registry.

The department of job and family services shall establish a putative father registry. To register, a putative father must complete a registration form prescribed under section 3107.065 of the Revised Code and submit it to the department. The registration form shall include the putative father’s name; the name of the mother of the person he claims as his child; and the address or telephone number at which he wishes to receive, pursuant to section 3107.11 of the Revised Code, notice of any petition that may be filed to adopt a minor he claims as his child.

A putative father may register at any time. For the purpose of preserving the requirement of his consent to an adoption, a putative father shall register before or not later than thirty days after the birth of the child. No fee shall be charged for registration.

On receipt of a completed registration form, the department shall indicate on the form the date of receipt and file it in the putative father registry. The department shall maintain registration forms in a manner that enables it to access a registration form using either the name of the putative father or of the mother.

Amended by 129th General AssemblyFile No.180,HB 279, §1, eff. 3/20/2013.

Effective Date: 07-01-2000

3107.063 Searching putative father registry.

An attorney arranging a minor’s adoption, a mother , a public children services agency, a private noncustodial agency, or a private child placing agency may request at any time that the department of job and family services search the putative father registry to determine whether a man is registered as the minor’s putative father. The request shall include the mother’s name. On receipt of the request, the department shall search the registry. If the department determines that a man is registered as the minor’s putative father, it shall provide the attorney, mother, or agency a certified copy of the man’s registration form. If the department determines that no man is registered as the minor’s putative father, it shall provide the attorney, mother, or agency a certified written statement to that effect. The department shall specify in the statement the date the search request was submitted. No fee shall be charged for searching the registry.

Division (B) of section 3107.17 of the Revised Code does not apply to this section.

Amended by 129th General AssemblyFile No.180,HB 279, §1, eff. 3/20/2013.

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