What makes a legal father so important in determining whether or not a birth mother can proceed with an adoption plan?
If a birth mother is married at the time of the conception and/or birth of the baby, the woman’s husband is the child’s legal father. Michigan law requires a legal father to sign a release or a consent to the adoption in court after the birth of the baby, just like a birth mother must do, for the adoption to proceed. If the legal father is not willing to cooperate, an adoption cannot go on as planned. In the instance where the legal father is NOT the biological father and is NOT willing to cooperate, the agency may obtain an attorney to file a petition for a hearing to determine that the child was born out of wedlock. Guided by the assistance of an attorney, this process requires two court hearings that must occur prior to the hearing for the birth mother to release her parental rights. A putative father who provides substantial financial support to the birth mother or the baby during the pregnancy or after the birth also has a special status in the court. Although he is not required t
