Adoption Without Parental Consent: Birth Father Laws in FL

Choosing adoption for your baby is no easy feat. You’ve probably spent countless hours researching this unplanned pregnancy option and learning what to expect about the adoption process. But one thing has probably weighed on your mind: prospective birth father rights in adoption. 

While some prospective birth mothers are blessed to have a supportive prospective birth father in their life, others dread telling a father the unexpected news. In fact, prospective birth mothers commonly ask these questions about birth father adoption laws in Florida:

• Do I need the prospective birth father to consent to the adoption in Florida?
• What should I do if I don’t know who the prospective birth father is?
• Can I put my child up for adoption without the birth father knowing in Florida?
• Can a child be adopted without the father’s consent in FL?

If you’re asking any of these questions, know that you’re not alone. A prospective birth mother’s relationship to a prospective birth father is usually complicated. And the answers to these questions aren’t straightforward, either.

Every state has its own laws regarding the prospective birth father, and every adoption situation is different. While this guide can be used as a jumping-off point, the best way to know what prospective birth father rights are for a Florida adoption is to reach out to an adoption specialist or an adoption attorney directly. That way, you’ll know exactly what to expect from the very beginning.

In the meantime, to learn more about prospective birth father rights in adoption in Florida, keep reading.

Types of Prospective Birth Fathers in Adoption

Every prospective birth father will react to an adoption plan differently. Depending on your situation, your child’s father probably falls into one of three categories:

• Married and supportive birth fathers: This is the best case scenario when you’re a prospective birth mother. If your child’s father is supportive, or you are married and considering adoption, the two of you can work together as a team to build an adoption plan. This means that both of you get a say in picking the adoptive family, finding the right hospital, choosing the right amount of contact after the adoption, and more.
• Unsupportive birth fathers: Unfortunately, this is a scenario that many pregnant women considering adoption find themselves in. The prospective birth father may be unsupportive of the adoption plan or the pregnancy as a whole. He may pressure the prospective birth mother into a choice she’s not ready for or doesn’t want, such as abortion or parenting. This leads many women to wonder if adoption without consent in Florida is possible. Unfortunately, that answer isn’t clear-cut.
• Unknown birth fathers: If you’re unsure of who the prospective birth father is or you don’t have a way to get ahold of him, you’re probably wondering how your adoption will proceed. In this scenario, your adoption specialist will explain your state laws to you, including what rights an unknown prospective birth father has. (We’ll talk a little bit more about your options for adoption when the father is unknown in FL below.)

What is a Putative Father Registry?

In Florida, a man is presumed to be the legal father if he is married to the mother at the time the child is born. But, it’s not at all uncommon for a woman to become pregnant and not know who the father is.

In the case of an unknown or uninvolved father adoption, there is something called the Putative Father Registry. If a man believes that he could have impregnated a woman, and wants to keep his parental rights and receive notice of a pending adoption, he will add his name to his state’s putative father registry (in this case, Florida’s).

A claim of paternity in Florida can be filed any time before a child’s birth but not after a petition for termination of parental rights has been filed. After a possible father receives notice of the adoption, he can either consent to or contest it.

To learn more about the putative father registry in Florida, take a look at the Child Welfare Information Gateway.

Prospective Birth Father Rights in Your Adoption

Any adoption where the mother wants to give a baby up for adoption but the father does not will always be complicated. But, an adoption specialist can help.

While it’s possible to plan on “giving a baby up” for adoption without the father’s consent in Florida, we strongly recommend reaching out to American Adoptions of Florida before moving forward. The termination of a prospective birth father’s rights can be complicated, so it’s best to work with an experienced professional in Florida.

To learn more about prospective birth father rights in your specific situation, please give us a call at 1-800-ADOPTION. You can also request free information online or reach out to us at:

3001 North Rocky Point Drive East, Suite 200
Tampa, FL 33607
813-868-1000

*Remember that every adoption situation is different. This article is not intended as and should not be taken as legal advice, so please consult a trusted adoption attorney for legal advice. 

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