BIRTH FATHER’S RIGHTS IN ADOPTION
WANT TO ADOPT
According to Arizona law, there are three categories of fathers when it comes to adoption. It’s critically important that you understand the father’s rights.
A potential father is a man who is not married to the expectant mother and who has been identified by her as a possible biological father.
All potential fathers must be served with a Potential Father’s Notice. This Notice can be served on him during or after the pregnancy. It notifies him of his rights and if he fails to take the necessary proactive actions within 30 days of being served with the Notice, his consent for the adoption is no longer needed.
A putative father is a man who is not married to the expectant mother and has not been identified by her as a possible biological father.
If an unidentified father (“Putative Father”) fails to register with the Putative Father’s Registry in the State of Arizona within 30 days of the child’s birth (or if it was not possible for him to register within 30 days of the child’s birth, then within 30 days of when it became possible), his consent for the adoption is no longer needed. His lack of knowledge of a pregnancy is not an excuse. The intimate act that resulted in the pregnancy is his notice.
Presumed Legal Father
A presumed legal father is a man who is married to the expectant mother (even if he is not the biological father) or a man who has been listed as the father of the child on the birth certificate (even if he is not the biological father). A presumed legal father must consent to the adoption or have his rights terminated by the Court. The Potential Father’s Notice and the Putative Father’s Registry cannot be used to terminate his rights.