The requirement for whether or not the biological father signs a consent and relinquishment depends on whether he is married to the mother or not and if not, his involvement in the child’s life.
It seems natural to assume that if the father is married to the mother at the time of conception or birth, the adoptive parents would be required to obtain a consent and relinquishment from him for an adoption proceeding to move forward. This assumption is correct; the adoptive parents would be required to obtain a consent and relinquishment from the father.
For unmarried fathers the requirement for a consent and relinquishment depends on when the child was placed with the adoptive parents and the level of the father’s involvement in the child’s life. The following standards apply to unmarried fathers:
1. If the child is placed with the adoptive parents more than six months after the child was born then the adoptive parents would be required to obtain a consent and relinquishment from the father only if he has paid child support regularly and he has either visited with or communicated with the child monthly;
2. If the child is placed with the adoptive parents less than six months after the child was born then the adoptive parents would be required to obtain a consent and relinquishment from the father:
a. if he has lived with the mother and child or child and if he has held himself out as the child’s father; or,
b. if he has paid child support or has paid for prenatal and birth expenses in connection with the mother’s pregnancy.