ABA Family Legal Guide

Family Law

Children

Adoption

Is the biological father's consent necessary?

Generally, yes--at least if the biological father is known and the father does not abandon his parental rights. The biological father should be notified of the birth and pending adoption so that he may consent or object. If the father is not known, the adoption may proceed without his consent (although adoptive parents can feel safer about the validity of their adoption if the biological father has been notified and agreed to it). If a biological father is not notified, he may later contest the adoption if he acts within a certain period of time after the child's birth or adoption (such as one to six months).