October 2011 Moms
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Question about fathers terminating rights

I was reading the UO posts and there was someone on there who said that fathers should be able to terminate their rights the same way a woman can terminate a pregnancy.  My biological father terminated his rights to me when I was very young, I have actually never met him and ended up being adopted by my mother's husband, so I was wondering why he would be able to do that? I honestly have never really asked my mom about the situation because I didn't care to know the guy since I grew up with an amazing adoptive father. I'm just wondering if anyone knows how the termination of rights works since the woman in the UO thread said that men cannot terminate their rights.

I'm not looking to start any drama, I honestly know nothing about this subject and was just looking for some insight.

TIA!

Re: Question about fathers terminating rights

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    I could be wrong, but I think that in your case, your biological father gave up his rights so that your stepfather could adopt you (maybe not at the same time) but he probably could still have been accountable for child support if no one had been there to be responsible for you (as your stepfather was).

    In the UO thread, I think the poster was more referring to terminating rights in the manner that a woman would if she had an abortion.  Basically, if the woman chooses to have the child, the father is liable for child support, and he can't choose to not be responsible.

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    I belive that the father can give up his rights if the mother agrees that its okay. I think that he can not give up his rights if the mother disagrees. She probably had him terminate his rights. I know this is none of my buisness but I think that it would be okay to ask questions to your mom if you are curious. Its not wrong for you to be curious or to question what happened. I do not think that it stirring up drama at all. Its just like any adopted child who wonders what happened with their birth parents that led them to make that choice. I think that it must be something on your mind now that you are having your own LO.
    DS Born 10/05/99 DSS Born 7/11/95 BFP 05/11/10 - Missed M/C, D&C 06/23/10 BFP 8/3/2010 - Ectopic, Methotrexate 8/17/10 BFP 1/27/11- Please God let this heart beat strong. Beta1 17dpo-314 Beta2 20dpo-883 Beta3 22dpo-1861 Beta4 25dpo-5918 DS2 Born 10/07/99 "I prayed for this child, and the LORD has granted me what I asked of him. So now I give him to the LORD. For his whole life he shall be given over to the LORD." 1Sam1v24to28.
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    I think this is a state by state issue. 

    My sister wanted to allow my niece's father to give up his rights but the state of Ohio told her that could only happen if there are two parents and that they have been married for at least one year. 

    So her ex won't be able to terminate his right until my sister and her husband have their first anniversary and BIL adopts niece

     

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    imagemrookie:

    I think this is a state by state issue. 

    My sister wanted to allow my niece's father to give up his rights but the state of Ohio told her that could only happen if there are two parents and that they have been married for at least one year. 

    So her ex won't be able to terminate his right until my sister and her husband have their first anniversary and BIL adopts niece

     

    This. I believe where I live if it's been a certain amount of time with no contact the mother can get the fathers rights terminated but any amount of money, even just partial child support counts as contact.
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    i am in the proses now of terminating the rights of who i call "the sperm donar" of my two eldest kids my hubby would like to addopt them. but i think what she was talking about is he can not just let go of his rights without the female agreeing i know thats how it works with what i'm dealing with right now. but rights cant just be terminated because he doesnt want to deal with the child, the mother has to agree with this order.

    and i'm glad to hear you had a happy childhood with your adoptive father, my kids are in the same boat never met their father(by his choice) so i'm hoping that i am doing the right thing as well!

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    I don't know much about terminations of parents rights while the children are still in the care of the parents.  But I know that when children are in foster care there are certian circumstances where parents can have their rights terminated involuntarily.  I imagine that if there is a good lawyer involved and the parents are in agreement that the parent in question would be able to voluntarily reliquish their rights.
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    I have a sperm donor for a father too who is a complete a$$. I am glad he is not in my life. My mother married my step father when I was 10 and he is my real dad.

    Anyways as far as terminating rights in my state(NY) both parties have to agree. My friend did this with her daughters father. They went to an attorney and had something written up that stated he was giving up all rights. I agree with asking your mother, I don't think it's wrong of you to do so. 

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    Parents in my state cannot terminate rights unless there is a stepparent to adopt the child (I am attorney who handles this type of thing).  Termination of rights ends the child support obligation and the state will only allow the termination if they can get a replacement legal parent on the hook for support.  The termination is only allowed if there is an adoption by a new legal parent so that if the child starts getting state assistance at some point the state always can seek reimbursement from the legal parent whom the child is not living with. 

    Rights can be terminated in other contexts but only when child protective services becomes involved and parents are found to be unfit.

    To the OP - in my state your father's rights would be allowed to be terminated voluntarily since your stepfather wanted to adopt you.

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