Added: 12/07/2005 |
Birth Fathers -- Those who Actually Fathered a ChildThat birth father definition in a general sense stands for the person who represents the biological father of a particular child as opposed to the adoptive parent. In this meaning the term "adoptive fathers" is widely used in the sphere of adoption.
Birth fathers are those who actually fathered a child even if they do not fulfill all the responsibilities and meet the duties of an actual parent. It is a very frequent occurrence that the rights of birth fathers are outrageously disregarded. Several laws have been issued worldwide considerably limiting or even at times overtly neglecting the birth father's rights in reference to his child.
In the process of adoption birth parents are now faced with additional challenge. One of the challenges to speak about is the fact that several changes have taken place concerning the adoption consent that adoptive fathers need to get from birthfathers. The rule was formerly that it was required for the perspective parents of the child to get the relevant signatures from birth fathers or birth mothers, if not both. But the consent had a property of being revocable within 30-days period. This allowed for some thinking that the parent had a chance to do and perhaps change the opinion about his willingness to give up his child for adoption.
But according to the latest updates in the relevant law, birth fathers and mothers give up their right to experience second thought and the adoption once signed remains irrevocable. This fact places both birth fathers and birth mothers at great risk of being coerced or even forced into signing the document without any possibility to question it's legitimacy in the future. This aspect often adoption law seems very unfair and postures as breaching birth father's rights.
Besides, there are several other subjective factors that were not taken into consideration. First of all at the moment of entering the contract the person may be in the emotionally unbalanced state which definitely affects his ability to analyze and impacts the decision making process. The same remains true in reference to birth fathers, if they are places into the situation where they are deciding upon the fate of their child, their thinking will definitely be placed under a great deal; of pressure. Therefore it seems absolutely necessary indispensable to allow some time for birthfathers to reflect at length upon signing the document of consent for adoption.
Giving your child away is a very tough decision and it is rather cruel not to give the birth parents the right for second thoughts.
It goes without saying that the child's interests should be the primary and ultimate consideration when determining his further fate, but it is not as easy as it seems to state conclusively what would be best for the child. However, if the presumed father, though not being the biological father, presents to the court sufficient evidence that he has effectively and to the required degree made relevant effort in order to support the child emotionally, financially and in other ways, and is willing to proceed with it further, the court.
However, if birth fathers fail to demonstrate commitment to parenthood in the required period (during pregnancy), this may deprive birth fathers of the right to prevent the child's adoption.
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