Steven called me in a very stressed state. He had split up with his girlfriend, Angela, a few months ago. Angela is pregnant with their child – a girl due in 3 months. Steven is looking forward to becoming a father even though he and Angela are no longer together as a couple.
Steven has just learned that Angela has contacted Oranga Tamariki about having their baby adopted after her birth. Steven told me that his biggest fear was that Angela would have his daughter adopted without him having any say in the matter. Can she do this?
Before an adoption can occur, the consent of the child’s father is required if he is (or was) married to the child’s mother or if he is (or was) a guardian of the child. A guardian has the legal right and responsibility to consult with a child’s other guardians to make decisions about that child’s welfare. If the father is not married to the child’s mother or isn’t a guardian of the child, the Family Court can choose to require a father’s consent to the adoption if it considers it “expedient” to do so. The Family Court will usually find it is expedient to obtain a father’s consent to adoption if the father has been involved in the support or upbringing of the child or if he has taken steps to apply for guardianship or parenting orders for the child.
Steven and Angela weren’t married but it is likely he can become recognised as a guardian of their child. A father will be a guardian of a child if he is registered on that child’s birth certificate as the child’s father. As a guardian, his consent to any adoption would be required. There is a legal obligation on both parents to register their child’s birth and have their details recorded on the birth certificate. The exceptions to this are very limited. A father can also become a guardian by being appointed one by the Family Court.
Steven was concerned about how the Court will know of his role as the child’s father. We recommended he contact Oranga Tamariki to discuss the care options for his daughter. Oranga Tamariki’s current practice approach is to give fathers the same opportunity as expectant mothers to explore care options and be involved in adoption planning. We also recommended he seek to be recorded as baby’s father on her birth certificate so that he is recognised under law as her guardian. An adoption cannot proceed without the birth certificate having been issued and provided to the Court. We came up with a plan together as to what steps to take to have him appointed a guardian if, despite his efforts, he was not recorded on the birth certificate.
As Steven could see, the birth certificate registration process shortly after the birth of his daughter was important in establishing him as a guardian with the legal rights and responsibilities that come with that role. If you are a father who is concerned about your child being adopted or about your legal rights and responsibilities as a father then the best course of action is to seek legal advice sooner, rather than later.
We love working with clients in their adoptions. If you have an adoption issue or question about your rights as a parent, feel free to contact the team at Lighthouse Legal here or call us on 0800 NAVIGATE to book a free initial chat with us to learn more.
Names and any identifying information have been altered to protect the privacy of individuals. The information in this blog is current at 1 August 2024. The information in this blog is general, educative information only. As such, it should not be relied on in place of getting your own legal advice.
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