What Are the Rights of Biological Fathers in Tennessee Adoptions?

If you are an expectant birth mother considering adoption, it’s crucial to understand that biological fathers have specific rights in Tennessee. Even if you are not married to the father, he may have the ability to contest the adoption, which can complicate the process.

If you have questions or concerns about the adoption process or how the biological father could prevent the adoption from occurring, consider consulting with a Franklin adoption lawyer as soon as possible.

The adoption process in Tennessee

Tennessee’s adoption process can be very lengthy, thorough, and complicated, involving extensive paperwork, background checks, home studies, and court hearings. The family court oversees these types of cases to ensure that the birth parents’ and the adoptive parents’ rights are protected and that the child’s best interests are taken into account and prioritized.

There are certain steps that must be followed before the adoption process is completed and the child is successfully adopted. One of these steps is to terminate or relinquish the parental rights of the biological parents before the adoption is approved and finalized. This usually includes both biological parents. Therefore, if a biological father does not agree to the adoption, the birth mother may encounter various legal obstacles and issues.

Does a biological father have to agree to an adoption in Franklin, TN?

Whether a biological father must agree to an adoption depends on his legal status. For an adoption to proceed, he must either voluntarily relinquish his rights or consent, contingent on the following conditions:

• He is the child’s putative father: A putative father is defined as an alleged father. This means that he is considered to be the biological father of the child without actually showing that there is a legal relationship. A biological mother can also state who the alleged father is, making him the putative father.
• He is considered to be the child’s legal parent: A man is considered to be a child’s legal parent if they were married to the mother of the child within 300 days of the child’s conception or birth.
• The adoption court determines him to be the father: When a person pursues adoption, and the adoption court declares them to be the father, they will still need to voluntarily give up their rights even if the adoption has not been made legal or finalized yet.

If a biological father is not in the child’s life or is not present to oppose the adoption, they can still be considered the child’s putative father. However, they must complete the putative father registry with the Department of Children’s Services, which is a registry where biological fathers can “register information about themselves.” This not only ensures that the state and courts know that the child has a putative or alleged father who plans to claim paternity of the child, but it also ensures that the putative father receives notifications about any potential adoption proceedings.

Does a biological father need to establish paternity?

Biological fathers have rights in Tennessee adoptions. However, their rights are more likely to be questioned when the father is not married or has never been married to the child’s mother before. In this case, it is a good idea for the biological father to establish paternity, especially if they want to give their opinion or object to the prospective adoption. Even though a biological father can still be considered a putative father without establishing paternity, they are giving “notice of intent to claim paternity of a child” when they complete the state’s putative father registry.

Some people believe that establishing paternity is as easy as signing the child’s birth certificate, but this is false. Instead, to establish paternity in Tennessee, a person must give a sample of their DNA, which can be used to determine whether they share DNA with the child. After receiving a court order to establish paternity, a child support agency can set up DNA testing and ensure that the results are provided to the court promptly.

If the DNA test shows that the individual is the child’s biological father, paternity will be established, and they will become a legal parent to the child. This gives the biological father the same legal rights as the biological mother, including financially supporting the child, obtaining visitation or custody of the child, and even the right to consent or object to the adoption of the child.

If the putative father does not establish paternity or register with the state’s putative father registry, there is a possibility that he may miss his chance to establish paternity or gain rights to the child before the birth mother places the child up for adoption.

How does a parent relinquish or terminate their rights and consent to an adoption in Tennessee?

Parental rights can be relinquished or terminated in Tennessee in two ways: voluntarily or involuntarily.

Voluntary termination

To voluntarily relinquish parental rights, a parent must appear before a judge and complete a voluntary surrender form. This process can be streamlined with the assistance of a family law attorney, ensuring that all documents are correctly filled out and submitted in a timely manner.

Involuntary termination

Involuntary termination of parental rights requires substantial evidence, such as abandonment, neglect, abuse, or endangerment of the child. This process typically involves a trial, where the parent can contest the termination of rights.

 

Biological parents typically have 72 hours after a child’s birth to consent to adoption. The consent to adoption form must be filled out and signed in the presence of a judge or notary. After the consent to adoption is complete, the biological parents have ten days to change their minds or revoke their consent to the adoption. If this happens, the biological parents must go under oath and state that they want to revoke their adoption consent. Then, the baby will be returned back to them unless the prospective adoptive parents or another party can prove that the child would be in immediate danger with the biological parents.

If you have questions or concerns about the adoption process or want to know more about the rights of biological fathers in Tennessee, a Franklin adoption lawyer at the Law Offices of Adrian H. Altshuler & Associates is here to help. After 30 years of experience, we know and understand how difficult and complex these cases can quickly become. Therefore, no matter what your situation or circumstances involves, you will likely benefit from having an attorney by your side. Please call our office or submit our contact form to schedule a case review in Brentwood, Columbia, or Franklin today.