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encyclopedia of adoption

prebirth consent to an adoption

Legal agreement to an adoption before a child is born. In approximately half the states in the United States, this may be done by a biological father not married to the biological mother. Prebirth consent assures pregnant women planning adoption for their babies that the biological father has agreed to the plan.

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When a man not married to the birthmother signs papers allowing an adoption to go forward, it is not always a "consent" to an adoption. In some instances, the statement filed says essentially, "I am not the father but if I were the father, I would have no objection to the child being adopted."

Whether or not prebirth consent may be revoked after the birth of the child depends on the laws of the state. As of this writing, the following states allow prebirth consents to be taken: Alabama, Arkansas, Delaware, Illinois, Indiana, Louisiana, Michigan, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee and Texas.

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