It’s not unusual for a woman to ask us about giving a baby up for adoption without the father’s consent. There are many reasons that might lead someone to ask this question, but adoption without parental consent in Nevada is not simple. It’s also not black and white; every situation is different. Birth father rights in adoption do exist, and they can be difficult to navigate. 

With that in mind, then, it’s important that you do not use this article as legal advice. This is meant to provide general information about giving up your baby for adoption without the father’s consent in Nevada, but it does not replace legal counsel. An adoption attorney will help you understand the laws as they apply to your own individual case. To connect with both an adoption specialist and one of our experienced adoption attorneys at American Adoptions, call 1-800-ADOPTION for free, no-obligation information and services.

In the meantime, however, you can read up on Nevada’s birth father adoption laws to learn what might potentially apply to your own situation.

In Nevada, a man is presumed to be a child’s father if:

• He and the child’s mother are married, or the child was born within 285 days of the marriage ending

• He and the child’s mother were living together for six or more months before the child was conceived and continued to cohabit through conception

• Before the child was born, he and the mother attempted to marry each other, even though the marriage could be declared invalid

• He received the child into his home and openly acknowledged the child as his

• Blood or genetic testing shows a probability of 99 percent or more that he is the father

If the child’s mother and father are unmarried, the parents may sign a voluntarily declaration of paternity and include the father’s name on the child’s original birth certificate. Another way to establish paternity is if either the mother or the father chooses to provide evidence declaring that the man either is or is not the father. To learn what constitutes evidence in this case, see “The Rights of Unmarried Fathers.”

Talking to Your Baby’s Father About Your Adoption Plan

Provided that you are not dealing with an unknown father and adoption plan, it is always important to inform your baby’s father of your adoption decision. There are three primary ways in which to do this:

1. Talk to him in person or via telephone. If you and the father of your child have a positive relationship and you feel safe interacting with him, this is the best way to inform him of your adoption plan. You can answer any questions he may have and explain why you feel adoption is best for you and your baby.

2. Write a letter or an email. If you are less comfortable with your baby’s father, it might be easier to write to him about your decision. Be careful with your wording, and make sure to explain why you believe adoption is the best decision. Include what the steps in the adoption process are, and what kind of contact you personally wish to have with your baby’s adoptive family.

3. Have your adoption specialist contact the birth father. Never put yourself in an uncomfortable or unsafe situation with the father of your child. If you feel it’s best that your adoption specialist inform him of your adoption decision, you can speak with her to determine the best plan of action.

Does the father have to give consent for adoption in Nevada?

If a man is legally deemed to be the child’s father, he does have a right to be involved in the adoption process. The rights of biological fathers in adoption are not to be ignored.

However, birth father consent is not always necessary in every situation. American Adoptions has worked with women who were:

• Single mothers

• Married or in a committed relationship

• Pursuing adoption when the father is unknown

• Handling an unsupportive birth father

If you are in a situation with a birth father who is unknown, uninvolved or unsupportive of your adoption plan, you may have the option of pursuing adoption without his consent.

To talk with an adoption specialist about your individual situation and obtaining legal aid, call 1-800-ADOPTION. 

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