Is the consent of the birth father required for the adoption?
Generally speaking, if the birth father is married to the birthmom at the time of birth or conception, or if he takes the child into his home and acknowledges the child as his, then he is referred to as the “presumed father” and his consent is required for the adoption. Biological fathers who are not “presumed fathers” are legally referred to as “alleged fathers.” The law generally accords less rights to “alleged fathers” than to “presumed fathers.” Generally speaking, if the alleged father is not actively contesting the adoption, his legal rights may be terminated in a court proceeding if he is unwilling to sign a consent form .