For better or for worse, Florida protects the rights of married fathers’ substantially more than unmarried fathers. As such, a father who has a child born out of wedlock has steps to take to ensure that his parental rights are not terminated without notice and an opportunity to challenge the termination.
An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur and that he has a duty to protect his own rights and interest. If a mother fails to identify an unmarried biological father to the adoption entity by the date she signs her consent for adoption, the unmarried biological father’s claim that he did not receive actual notice of the adoption proceeding is not a defense to the termination of his parental rights. Fla. Stat. § 63.088(1).
Therefore, an unmarried biological father must file a notarized claim of paternity form with the Florida Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health which includes confirmation of his willingness and intent to support the child for whom paternity is claimed in accordance with state law. This must be done prior to the date a petition is filed for termination of parental rights. Fla. Stat. § 63.054(1). The claim of paternity form must be signed by the unmarried biological father and must include his name, address, date of birth, and physical description. In addition, the registrant shall provide, if known, the name, address, date of birth, and physical description of the mother; the date, place, and location of conception of the child; and the name, date, and place of birth of the child or estimated date of birth of the expected minor child, if known. The claim of paternity form shall be signed under oath by the registrant. Fla. Stat. § 63.054(3). Even if an unmarried biological father is on the birth certificate, a claim of paternity should still be filed with the Registry.
However, if an unmarried biological father failed to file the claim of paternity prior to being served with a Notice of an Intended Adoption Plan, the unmarried father still can assert his rights and contest the adoption. After service of the Notice, and within 30 days of such service, the father must:
- File a claim of paternity with the Florida Putative Father Registry maintained by the Office of Vital Statistics;
- File a verified response with the court which contains a pledge of commitment to the child stating that he is personally fully able and willing to take responsibility for the child, setting forth his plans for care of the child, and agreeing to a court order of child support and a contribution to the payment of living and medical expenses incurred for the mother’s pregnancy and the child’s birth in accordance with his ability to pay;
- Provide support for the birth mother and the child, and
- File a verified response setting forth a legal basis for contesting the intended adoption plan, specifically addressing the best interests of the child. Fla. Stat. § 63.062.
Keep in mind that these are simply the technical requirements for defending against a termination of parental rights petition. Regardless of technical compliance with the relevant statutes, courts will want to see acts taken by the unmarried biological father to create and maintain a relationship with his child.
If you have been served with a Notice of Intended Adoption Plan or want to learn more about protecting your rights, call our adoption attorneys today for your free consultation.
