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Hoping to Adopt Blog

01/03/08

Different Bio Dad Rights in Abortion versus Adoption

Posted by : Faith Allen in Hoping to Adopt Blog at 05:06 am , 494 words, 872 views  
Categories: Putative Father Registries


On my post, Putative Father Registries, long-time reader John posted the following comment:


The father should have a right to know of the birth of his child, but this state seems to fit with the idea that some states have the babies are the exclusive property of the mother. Certainly that was the thinking years ago, and oddly it fits well with the argument that abortion is purely a womans choice, she is the only affected person.

This is an interesting observation that I would like to talk about.


Let me start by saying that any discussion about whether abortion is right or wrong it outside of the scope of this post. Whether we like it or not, abortion is legal in the United States, so let's not get into a tangent about pro-life versus pro-choice.



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In most states, a woman does not need the biological father's permission to terminate a pregnancy. However, in most states, the biological father's permission is needed to place a baby for adoption. As John points out, putative father registries seem to have the same flavor as abortion laws in enabling the biological mother to have sole decision-making power about the baby. In at least one state with a putative father registry, if the biological mother never tells the biological father about the baby's existence, then she can legally have his parental rights terminated. See the reader's comment on Insecurities about Adopted Child's Relationship with Birthparents for an example of a biological father whose child was legally placed for adoption without his knowledge of even having a child.


What do you think about this? Should a biological father's input be excluded in some circumstances but not in others? Why is it legal for a biological mother to terminate her pregnancy over the objections of the biological father but then need his permission in some jurisdictions to place a baby for adoption? I have heard an avid pro-lifer reword the question this way: "Why does a biological father get no say in saving the life of his unborn child but have the ability to prevent placing his baby into a loving home?" Of course, that wording reflects the person's pro-life and pro-adoption stance, but despite this bias, I think it makes a valid point.


I have always viewed the use of putative father registries as an effective and efficient way of untangling the legalities so that a child can have a permanent home quickly without fear of the adoption being disrupted years later, as happened in the Baby Jessica situation. However, I have never thought about how the registries put the decision-making power solely in the hands of the biological mother, as does abortion, versus other adoption laws that require providing the biological father with legal notice about a pending adoption.


For those of you hoping to adopt, how do you feel about adopting a baby whose birthfather was never even informed about the baby's existence?


Photo Credit: Lynda Bernhardt

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