Robert H. Klima, P.C.
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Building Families Through Adoption for Over 30 Years

May 2016 Archives

The Out of Court Consent

The ideal way to deal with birth father rights is for the birth mother to speak with him about what is best for their child.  Unfortunately, this does not happen very often because communication has broken down for various reasons.

Why Not Conduct a Paternity Test?

DNA paternity tests have in recent years become relatively easy and inexpensive to obtain.  Virginia has a paternity statute which states that if any party to a custody proceeding petitions the court to order a paternity test, the court is required to do so.  An adoption case falls under the category of a custody proceeding because the Juvenile & Domestic Relations District Court must enter a custody order upon acceptance of the birth mother's consent.  So, why isn't a DNA test routinely done?

What if She Doesn't Know?

Sometimes the birth mother will state that she does not know the identity of the birth father.  This may or may not be true.  If the birth mother gives a reasonable explanation of the facts and does so under oath, her statement will be accepted by the court.  The court will not ask for embarrasing details.  There are, after all, only a few ways in which it is possible for a birth mother not to know the ientity of the birth father.  Perhaps she met him at a bar, only knew him one night, and only had his first name.  This happens a lot.  Also, there may be several men involved.  If this is the case and they may be identified, then each one must be either served with notice of the adoption proceeding, consent, or receive notice pursuant to the Putative Father Registry.

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