Birth Father Rights

I have had several birth mothers ask me recently about the rights of the birth fathers. They are afraid that the birth father could interfere with their plans to place their child for adoption.

While the laws vary from state to state, I can tell you what the law is in South Carolina. Consent is required ONLY from a birth father who meets one of the following 3 requirements, and if he refuses to sign the consent, it could interfere with your adoption plan. A birth father in South Carolina has rights if he meets ONE or more of the 3 requirements:

1) He is married to the birth mother

2) He has lived with the birth mother during the pregnancy AND openly held himself out as the father of the baby

3) He has provided support to the best of his ability during the pregnancy and/or after the birth of the baby.


Depending on the facts of the individual case, the birth father may also have certain rights if the birth mother lied about or hid her pregnancy from the birth father.