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Pre-Birth Consent to Adoption by the Birth Father

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Yesterday morning we received a call from an expectant mother considering adoption for her baby. Let’s call her Lisa. The call came in at 7:00am. Lisa was very upset and wanted to speak to an adoption attorney. She mentioned that she had an appointment set up with an adoption agency, but she had not yet met with them to discuss her plan. She specifically wanted to speak to an adoption attorney because she wanted to know what her options were in regards to the biological father.

In her discussions with the adoption agency the agency had informed Lisa that they would give the biological father pre-birth notice of the adoption and that he would have 30 days to file a paternity action. Legally, that is correct.

The problem is, that is the only option they gave Lisa.

I mentioned to Lisa that the biological father could sign a pre-birth consent to adoption if he was willing to consent to the adoption. Lisa was amazed that was an option. The agency never gave her that option.

I asked Lisa to get me in touch with the biological father so I could speak with him about adoption.

The biological called by by 10:00am. We spoke briefly. He told me that he was supportive of the plan and was willing to sign the pre-birth consent to the adoption. Later that day, around 5:30p he and I met, discussed adoption and he signed the consent.

He was happy to be included in the adoption and Lisa is relieved that this was all able to be worked out in less than one day.

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