+ When, if at all, does the birthfather have to be present in the legal process?

A legal husband (whether or not he is the biological father) has as many rights as the mother. A father that is not the husband of the mother has no rights and must establish them through a legal process that includes signing a Statement of Paternity.

The Statement of Paternity is filed in court by the birth father’s attorney. Once the courts complete the judicial process, the father may be determined to be a “legal father.”

A possible father (not the legal father) is asked to sign a Waiver of Interest In Child (which can be signed at anytime). A legal father must wait a minimum of 48 hours following the birth of the child (the same as the mother) before he can complete his paperwork in the adoption process.