If he does not approve of the adoption, he must show he is a fit parent before the court will award him custody of the baby. If the father wishes to pursue obtaining custody of the baby, paternity must be established after the baby is born. As stated above, the birth father also needs to sign a surrender document for parental rights to be terminated. The birth father may sign the surrender document at any time during the pregnancy, but it does not become an effective legal document until 72 hours after his child is born. Sometimes birth fathers are not active participants in the decision to parent or relinquish the child for adoption.
Illinois law provides an alternative to a birth father signing a surrender.
If the birth father is unknown or known, but unable to be located, a legal notice is published concerning the adoption proceedings. If he does not come forward within 30 days after this publication to claim his parental rights and parent the child, the court can then terminate the birth father's legal rights. The birth grandparents, or mothers and fathers of the birth parents, have no legal standing with regard to adoption proceedings. However, many birth grandparents do participate in the counseling process. If you are concerned about any difference in your treatment plan and the information in this handout, you are advised to contact your health care provider.