Sometimes, when a woman chooses to place her child for adoption, it’s because she can’t provide the stable two-parent household she wants her child to grow up in. The baby’s father may be unsupportive, in and out of the picture, or she may not even know who he is. So, can she go through with an adoption in Kansas City without the parental consent of the father?

It depends.

Missouri and Kansas have different laws when it comes to defining “father” and different requirements for claiming and terminating a man’s parental rights. These laws, as well as the situations they regulate, can be extremely complicated. There is no “one-size-fits-all”; each adoption is unique, and so is the way the rights of the biological father in adoption are applied. Only an experienced adoption attorney can help you understand the birth father adoption laws in your situation, whether you are considering an adoption when the father is unknown, unavailable or supportive.

You may be asking, “Does the birth father have to agree to adoption?” Or, you may be thinking, “I want to put my baby up for adoption but the father doesn’t.” Whatever your situation, please contact Kevin Kenney at 913-671-8008 or online as soon as possible. He can guide you through the steps ahead, protect your interests and explain the possibility of a Kansas or Missouri adoption without consent of the father.

Thinking about adoption without the father’s consent in Kansas or Missouri? You can find answers to some of your questions below, but remember they should not be taken as legal advice. Attorney Kevin Kenney can only address your personal situation when you contact his law firm.

Questions about Birth Father Adoption Laws in Kansas

1. How does the state determine if a man is the father of my child?

The state of Kansas generally presumes a man is a child’s father if:

  • He is or was married to you and your child was born during this marriage
  • He has acknowledged his paternity in writing
  • He gives his consent to be named as the father on the birth certificate
  • He takes a genetic test that indicates at least a 97 percent chance he is the father

2. Do I have to tell the father about the adoption?

The answer to this will likely depend upon your situation. Before speaking with a birth father about your adoption plans, you should always contact Kevin. He can give you a better idea of whether this step is legally required in your situation.

3. What about an adoption in Kansas when the father is unknown?

If the court cannot identify a father by the above stipulations, or a father doesn’t come forward claiming his paternity rights, the court may be able to terminate the unknown father’s rights. Again, speak with an adoption attorney like Kevin about this situation.

4. When can I put my baby up for adoption in Kansas without the father’s consent?

There are many reasons a woman may consider an adoption without the father’s consent in Kansas or Missouri, like situations in which he:

  • Abandoned or neglected the child after knowing of the birth
  • Is unfit to be a parent or incapable of giving consent
  • Makes no reasonable efforts to support the child or the mother during her pregnancy

However, adoptions without parental consent can be tricky, and you must work with an adoption attorney to pursue this path.

Questions About Birth Father Adoption Laws in Missouri

1. How does the state determine if a man is the father of my child?

The Missouri laws are almost identical to the Kansas laws on this matter. Usually, a man is assumed to be the father of a child if:

  • He is or was married to you and your child was born during this marriage
  • He has acknowledged his paternity in writing
  • He gives his consent to be named as the father on the birth certificate
  • He takes a genetic test which indicates at least a 98 percent chance he is the father

2. Do I have to tell the father about the adoption?

Missouri, unlike Kansas, has a putative father registry where a man can voluntarily acknowledge his paternity or possibility of paternity of a child. Once he registers, he will receive notice of court proceedings regarding his child’s adoption. This is the only way a man can establish this right to be notified of adoption proceedings.

Because of this registry, you may not have to tell a father about your adoption plan. However, if the father asks about a potential pregnancy, direct him to Kevin Kenney, who will inform him of his birth father rights in the adoption.

3. What about an adoption when the father is unknown?

If the court cannot identify a father by the above stipulations, or a father doesn’t come forward claiming his paternity rights, the court may be able to terminate the unknown father’s rights.

4. When can I put a baby up for adoption without the birth father’s consent?

Every adoption situation is unique, and whether you can proceed with an adoption without a father will be determined by your personal situation. However, there are usually a few reasons why this path may be a possibility:

  • The birth father is unknown and cannot be determined at the time the adoption petition is filed.
  • No man has been established to be the father, either through his own means or the state’s stipulations, or a potential father has denied paternity of the child.
  • The birth father fails to respond to the notice of his requirement to give consent.

Again, because this is a complicated legal situation, you’ll want to work with attorney Kevin Kenney to learn more about if a birth father can stop an adoption in Missouri.

While adoption is possible without knowing who the father is in some circumstances, and a mother may be able to put a baby up for adoption without a father in both Kansas and Missouri, it can be a tricky process that’s best handled by a legal professional with experience in those states’ adoption laws. While the information in this article can be helpful to you, it should not be taken as legal advice due to the complexities of individual cases and the laws involved.

Kevin Kenney provides experienced legal counsel as well as genuine compassion and care for prospective birth mothers considering adoption, with or without their baby’s birth father. To learn more about how he can help you navigate a legal adoption without the father’s consent, contact him confidentially and with no obligation today.