BIRTH FATHER INFORMATION
Have you had a sexual relationship with someone that you think may be pregnant?
Has someone you've had sex with told you they are pregnant?
Have you been served with papers stating you are named as the father of a child?
If the answer to one of these questions is “yes”, you may be feeling a bit scared right now. We hope the information provided will help you think through some of your options. Although keeping the lines of communication open between you and the woman who is pregnant may be challenging at times, is it often helpful. If you are not married to her, you may not yet be considered the legal father. Because she is pregnant she has the ability to make certain decisions. She can decide to abort the pregnancy. She can decide to parent the child. She can decide to place the child for adoption.
Currently, the decision to terminate a pregnancy is a private matter between a woman and her physician. If she discusses this issue with you, you can share your feelings, but it is ultimately her decision.
If she chooses to parent the child, at some point you may be the subject of a paternity action and ordered to pay child support. This type of action by the court also considers “Best Interest of the Child” factors. As a father, it is during these proceedings that your desires for custody, visitation and other child specific issues will be addressed. This process may seem intimidating, but remember that the court wants to hear your thoughts regarding your child. Every child needs a father. If you and the child’s mother can craft your own parenting plan that meets the needs of all involved, you may be able to avoid court involvement all together. The more people who love a child the better off that child will be. Try to put the needs of your son or daughter before your own and you will make a great parent. Good Luck!
But what can you do if she chooses to place the child for adoption? You can choose to participate. But, what if you would rather raise the child? If that is the case, you must be proactive in order to preserve your rights as a parent of this child.
So as the unmarried birth father, what choices do you have?
Abandoning the Child: You may abandon a child by not taking responsibility for or supporting the birth mother of your child from the point of conception throughout the pregnancy and delivery. If the birth mother makes an adoption plan, your abandonment of the child may contribute to your parental rights being terminated within the adoption process.
Adoption: As a birth father, you may agree that adoption is the best choice for your child. You are encouraged to actively participate in an adoption plan with the birth mother. If you choose to participate in an adoption plan, you may have the opportunity to meet the selected adoptive parents, participate in the Consent signing and receive periodic letters and pictures of your child. Your active participation in an adoption plan is welcomed by adoption entities and gives prospective adoptive parents a sense of "completeness" with regard to the child. More importantly, you will be able to share information with the adoptive family about yourself that can be given to your child. He or she will know that you were instrumental in securing a loving home for them. You may also have an opportunity to provide emotional support to the birth mother. Your participation will ensure that the legal process of adoption and the child's permanence in the adoptive family will happen more quickly and easily than if you do not participate.
Being Proactive – Establishing your Parental Rights
The first – and most important – proactive step is that you MUST file a Claim Form with the Florida Putative Father Registry. In Florida, the law is very clear regarding your responsibilities as an unmarried birth father. Please go to http://www.flsenate.gov/Statutes/, Chapter 63.053 to learn about the Registry and how to sign up.
The second proactive step is that you must prepare for raising the child yourself, or to help parent the child. See the Babies needs section of our website for some things you will need in preparing for your child.
The third proactive step is that you must begin supporting the birth mother financially. The expenses you are responsible for paying include, but are not limited to: pregnancy related medical expenses, living expenses of the birth mother, maternity clothes, etc. If the child is already born, you are responsible for paying child support and for being an active participant in the child's life.
If you choose to take these proactive steps and want to establish your rights as the child's parent, you are encouraged to retain an attorney and to keep receipts and canceled checks of the expenses you pay on behalf of the birth mother and/or child.
Information contained on this site is not intended to be legal advise. We suggest calling an attorney to obtain legal counsel.