Mom puts son up for adoption, dad files $130 million lawsuit

On behalf of Law Office of Ann A. Thomson (Seal Beach family law attorney), A Professional Law Corporation posted on Wednesday, January 8, 2014.

Mom Puts Son Up for Adoption, Causing a Paternity Stir

California parents who are in the midst of a custody battle may be interested to learn that a father in Utah sued his son’s biological mother for $130 million. According to the report, the man, who was not married to his son’s mother, claimed that she put their child up for adoption without his consent.

The two began dating in 2009 but broke up in 2010 after the woman became pregnant. Regardless, the man claimed that the two agreed that they would share custody of their child. He claimed that he helped her financially through her pregnancy. The baby was born on Dec. 29, 2010. However, on the following day, the woman put the boy up for adoption and did not tell the man until the following week.

He stated that he attempted to file for paternity as soon as he learned that the child had been born. Unbeknownst to the man, the woman was still married to her estranged husband when the baby was born, so her husband was presumed to have paternity. This gave him parental rights to the child, including the right to give him up for adoption.

The lawsuit that was filed challenges Utah laws with respect to when a mom puts a son up for adoption and the rights of unmarried fathers. Under current Utah laws, a biological father who is not married to the biological mother has a limited opportunity to establish his paternity before an adoption takes place.

When two unmarried parents decide to have a child together, they can protect their parental rights to custody and visitation through a family law firm. Not only does establishing paternity and child support reduce potential struggles between parents should the couple decide to split, but this also allows both parents to ensure that their decisions are right for their child.

Source: ABC News, “Dad Files $130M Suit, Alleging His Son Was Unknowingly Put Up for Adoption“, Aditi Roy, January 02, 2014

From offices in Seal Beach, the Law Office of Ann A. Thomson serves clients throughout Southern California in communities such as Seal Beach, Santa Ana, Brea, Yorba Linda, Fullerton, Corona Del Mar, Costa Mesa, Newport Beach, Irvine, Laguna Beach, Dana Point, Mission Viejo, San Clemente, San Juan Capistrano, Anaheim, Fountain Valley, Garden Grove, Long Beach, Huntington Beach, Norwalk, Torrance, Rancho Palos Verdes and Los Angeles.
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