Choosing to place your child for adoption is an incredibly selfless decision. 

You may be confident that adoption is right for you, but you may worry that the birth father won’t agree. 

Adoption laws regarding the birth father’s rights are complex and vary from state to state. While typically, both the mother and father must agree to place a child for adoption, in certain situations, you can proceed without the birth father’s consent.

Exceptions to Consent

Because every adoption situation is so unique, each scenario must be examined individually. There are situations where the courts may allow you to make an adoption decision without the birth father. 

Unknown Father

It is expected that you attempt to determine who the father is, but if you cannot do so, you may be able to proceed with the adoption.

Known Father but Unsupportive

For the birth father to object to placing the child for adoption, there is an expectation for the father to express a desire to be involved in caring for the child. The birth father cannot be suggesting abortion as the alternative to adoption. 

Abusive Father

You will likely not need the birth father’s consent to place the child for adoption in cases of abuse, rape, or history of abuse or rape. Additionally, if the birth father is incarcerated, this may impact his right to be a part of the adoption decision.  

While the above scenarios do not guarantee that you can make an adoption decision without the birth father, the mother is generally able to proceed without the father’s consent in these cases. However, individual state laws vary, and the court ultimately decides. 

Ohio Adoption Laws

If you live in Ohio, the birth father must consent to placing your child for adoption. The adoption agency you are working with can help you in obtaining consent if you prefer not to speak with the birth father. 

In the state of Ohio, the following scenarios may allow you to proceed without the birth father’s consent: 

  • The birth father fails to recognize paternity of the child within 30 days of the child’s birth
  • The birth father is unreasonably withholding consent
  • The birth father and birth mother are not and never have been married
  • The birth father has been absent for an extended period of time
  • The child was conceived by rape
  • The birth father has abandoned the pregnant mother
  • Birth father fails to object to the adoption within 14 days of receiving notice

Next Steps

New Life Clinic wants to support you as you navigate your pregnancy decision. 

We can refer to your adoption organizations, where you can learn more about your options and gain more insight into your birth father’s rights. 

We also offer free lab-quality pregnancy tests and ultrasound scans. After learning more about your pregnancy, our medical team can answer your questions and provide you with support resources.  

Contact us today for your confidential appointment.