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Does the Birth Father have rights?

 Adoptions of Wisconsin understands that the circumstances surrounding your pregnancy can be sensitive and outreach to the father can be very uncomfortable for expectant mothers. Our social workers are experienced in this outreach and can assist you with this outreach or conduct this outreach for you.   
 
The father of your child does have rights, and if you are thinking about an adoption plan for your baby, he cannot be left out of the decision. A child can only be eligible for adoption if both of his/her parents have their parental rights terminated. A father has every legal right to parent his child.  Generally, the court looks back at a conceptive period of almost 60 days related to your due date to determine all possible birth fathers. Your social worker will talk with you about your individual situation to help determine the most appropriate plan for outreach to the possible Birth Father(s). 
 
The rights of a Birth Father can be terminated both voluntarily or involuntarily based on the circumstances. Please do not panic if you are a Birth Parent that wants adoption and the other Birth Parent does not. Support and resources are available to you and adoption may still be possible if that is your choice. Your social worker will explain all of your options.
 
The alleged father can voluntarily consent to terminate his parental rights in writing and allow the adoption plan to proceed. If the alleged father is unsure of his paternity, but is willing to allow the child to be adopted, he can sign a consent stating that he does not admit paternity, but acknowledges the possibility and accepts the placement of the child through adoption. Paternity testing does not have to be done if you are making an adoption plan. The father is not required to be present at the actual TPR hearing. However, if he is under 18, there will be a Guardian ad Litem (GAL) present to represent him.
 
If the father of the child is unknown or unable to be contacted directly, the state requires diligent efforts to locate him so that he can be notified of the hearing. One way notice is given is by publishing a public legal notice after the baby is born in the local newspaper where conception took place, or the town of the last known address of the father. This notice is to advise the father of the upcoming hearing but does not contain identifying information about you or about your child. If no father comes forward, the State of Wisconsin has the legal authority to terminate his rights for him.
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