Tuesday, January 31, 2006

Case Law Development: Mere Offers of Financial Support Insufficient to Entitle Putative Fathers to Notice of Adoption

The Supreme court of North Carolina holds that a putative father need not consent to the adoption of his biological child if he has not provided actual financial support for the child, notwithstanding that he has made offers of support to the mother who has declined the support. 
The court reasoned that the bright line rule was consistent with legislative intent and the public policy to ensure prompt placement of children in permanent homes.  The court suggested that the rule does not give mothers the power to thwart the rights of putative fathers, as the father
need only provide support for the child (by, for example, opening a trust fund for the child's benefit) not to the child's mother.

In re Anderson, 2006 N.C. LEXIS 5 (January 27, 2006)
Opinion available on the web (last visited January 30, 2006)

http://lawprofessors.typepad.com/family_law/2006/01/case_law_develo_36.html

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