[Montyfam01]

Currently involved in a contested adoption situation. Agency placed an infant with me and my wife. We have had her since birth. The childs birth mother had surrendered the child for adoption and signed her right away. Approximately 9 months later a birth father who was not named on a birth certificate and had not registered with the father's registry had surfaced. Log after we had initiated adoption proceedings. The individual had been deemed the father by family court thru DNA. According to my states law he had not done enough to warrant having rights to this child. He may have committed a crime with child's mother to conceive the child. It also appears that the courts are more interested in giving the child to the potential sexual offender. The agency is running to cover its but. Is their any help. I have to limit the info because of ongoing situation.

[Kimmisue]

We had a contested adoption. Same kind of situation as yours. We live in Indiana and state laws are different everywhere, and I don't know New York's laws. In Indiana, a man has 30 days from the date the intent to adopt papers are filed to register with the putative father registry. On the 25th day we got a cal that a man had come forward claiming to be the father and he was contesting the adoption. He had hired a lawyer and everything. We had 2 different lawyers tell us if the DNA proved he was the father (which we hadn't got to yet) there would be nothing we could do. I then got online and found Indiana's adoption laws and read every last word over and over again. I then printed off the statute that says he has 30 days to register and if he doesn't he has no rights to contest the adoption. Well, in our situation, the man got a lawyer, but never registered. So, I sent those laws and a very long letter to my lawyer who in turn took it to the judge and he threw the case out of court before we ever got to DNA testing. This took about 3 months to get it all over and done. So, my best advice would be to research your laws and go over them with a fine tooth comb. If the law says he has to register and he didn't, then I'd keep looking for a lawyer until I found one that would help me.

Good luck!! Feel free to pm me if you have questions or if I can help. Your family will be in my prayers.

Kim

[Jmuckey]

We had this happen in NE, however the birthfather contested one week before the baby was born, so the adoption was ceased at that time. He had been no where in sight until this time of the pregnancy. He did file the punitive father law and also did set up a court date within the 30 day period, which sounds the same in Indiana. Birthmom had no choice but to parent and he was going to fight for 100% custody. We had no rights as the baby was not born yet. I can't imagine if we would have brought him home...my heart goes out to you and all who are going through this. Since then, my husband and I have made a commitment to start researching state laws, etc. and found that the state of NE may not be as good of an advocate for adoptive parents than other states. Has anyone heard of this or have more info?

[Linny]

First........my sympathies to you and your family. No matter what direction this goes, it can't be easy and---like the other posters...my heart goes out to you all.

Next......I'm going to assume that the adoption has not been finalized yet? I'm also thinking (from your post) that this baby is over nine months old now?

I feel pretty certain that the laws which will govern this situation, will be the state in which the baby was born; not the state you now reside in....as long as the adoption isn't finalized. Where is the attorney that acted with the agency in this one? I suppose it is possible that the birthmother lied, omitted the name of a possible father, and now this is coming back to everyone? (We barely 'escaped' a situation like this a few years ago: Birthmom lied to agency---said birthfather was 'unknown'........yet just three days before we would have gone to court--birthdad had gotten a lawyer saying he didn't want the baby, but his mother did (grandmother of the baby). This forced the birthmother to parent (which she never wanted to do; yet she didn't want the baby going to him)....and we were out of the scenario before losing 5k to the situation. (Whew!)

At any rate.........I'd be finding an excellent adoption attorney immediately. Check on the Quad A site (American Academy of Adoption Attorneys)...click on your state and find someone to represent you. I would not depend on your agency to always give you the best, up to date and correct info in these kinds of situations.

I hope the situation resolves finding your baby still at home with you. My best to you and yours.

Sincerely,

Linny