Fathers’ Rights
Schedule a Consultation TodayFathers' Rights
In most adoptions, the emphasis is placed on the mother for obvious reasons. The father is also important. But not all fathers are equal.
When a child is born to a married couple in North Carolina, the husband is presumed to be the father of the child. A husband has the same legal parental rights as the mother, even if he is not actually the biological father of the child. For unmarried biological fathers, the rules are very different.
Biological Fathers’ Rights in an Adoption
Unmarried biological fathers do not automatically have legal rights to parent their children. Unmarried biological fathers must take affirmative steps and act before the child is born to establish and protect their parental rights.
Right to Notice
During an adoption, every potential birth father has the right to receive legal notice that the child he may have fathered is going to be placed for adoption. After this legal notice is delivered, the father will have a brief period of time to act to protect his parental rights. To protect your rights, you must respond and object.
Waiting to receive a legal notice may be too late. If you do not act promptly, even before the child is born, you may lose the opportunity to protect your parental rights. Each case is different, so you should consult an experienced adoption attorney to get details on your specific situation.
If The Father Does Not Agree With The Adoption
Biological fathers must act before the child is born to protect their parental rights. Unwed biological fathers have a duty to inquire about whether the mother is pregnant. Unwed biological fathers have a duty ask the mother “Could I be the father?”
An unwed biological father must acknowledge his paternity, even if he is not sure he is the father. Unwed fathers must accept their parental obligations and contribute to the needs of the mother and child. If an unwed father wants to protect his right to parent his child, he needs to act like a husband.
If you think you could be the father of a child and you want to know how to protect your parental rights, contact an experienced adoption lawyer.
If the Father Wants to Be Involved and Agrees with the Adoption
If you are not ready for the 24/7 job of being a parent, adoption can be the right choice for you and a wonderful opportunity for the child. Participating in the adoption process is the best way to protect your rights. Being involved gives you the opportunity to participate in selecting adoptive parents. It gives you the opportunity to receive updates and pictures over the years.
If you are the biological father of a child and are not married to the mother, you need to act promptly, or you risk losing your parental rights. Call for a consultation to find out what your rights are and learn about your options.
It is important to have an experienced adoption attorney on your side to protect your parental rights. Bobby Mills has over 30 years’ experience in adoption law in North Carolina and can help you navigate the process. Call us today at (919) 533-4025 to schedule a consultation.
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Call (919) 306-2899 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
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Why Choose Mills Adoption Law?
- Experience–Attorney Bobby Mills has over 35 years of experience representing birth parents, adoptive parents, and foster parents through all aspects of adoption and parental rights.
- Adoption Specialist–Other firms include adoption and parental rights as part of their larger family law practice areas. At Mills Adoption Law, we focus exclusively on adoption, parental rights, and foster parent rights.
- Board-Certified–Attorney Bobby Mills is a Fellow of the American Academy of Adoption & Assisted Reproductive Attorneys, certified by the board as a specialist in family law, and the former director of a child placement agency.
- Agency Attorney–At Mills Adoption Law, we also represent child placement agencies and their clients.
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Frequently Asked Questions
Professional Associations
Why Should You Choose An Adoption Attorney?
An adoption attorney will:
Provide
We will provide an unbiased explanation of adoption procedures and develop a legally secure plan tailored to your needs.
Assess
We will assess the risks involved, including determining what payments are permissible and ensuring that birth parents are treated fairly and their rights are legally terminated before placement is finalized.
Clarify
We will clarify your options, if any, for post-placement arrangements with birth parents, making sure your interests and those of the child are served.
Explain
We will explain your rights and adoption laws in your state or refer you to attorneys who practice in other states or internationally.
Review
We will review and negotiate the adoption agency contract to protect your interests.
You Should...
Contact
You should contact an attorney as early as possible in the decision-making process.
Learn
Learn about the specific types of adoption services the attorney provides. Ask what percentage of the practice is dedicated to adoption and how many adoption proceedings the attorney has handled.
Choose
Choose an attorney who is experienced in the type of adoption you are considering.
Know
Know what the attorney charges, how fees are structured and that you can afford the services.
Ask
Ask questions, request references, share your concerns and provide the attorney with all relevant documents. Ask for a written retainer agreement that outlines what the attorney charges, how fees are structured and other details regarding fees and fee payment.
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Real Clients, Real Testimonials
Mr. Mill is a very experienced professional lawyer and he is also very patient and kind in giving his advice. 5 stars!
0 reviews • 0 photos
I would highly recommend Bobby for your Adult Adoption.
He’s kind, considerate, and very knowledgeable about the adult adoption process.
Reflecting back, the process was pretty seamless and his pricing was very reasonable.
He was always quick to respond to any questions I had. I dealt directly with Bobby. Not an assistant.
The entire process only lasted several months.
Thank you so much!!
Local Guide • 24 reviews • 54 photos
My family used Mr. Mills for our adoption process and could not be more pleased. He was incredibly knowledgeable, professional, and responsive. He was always available and answered every question we had throughout. There were many layers to our adoption situation and process, and Mr. Mills was able to navigate it all without incident. The local DSS representative that we worked with in our county commented that in all of her years working with adoptions she had never seen such a thorough packet of information. Mr. Mills and staff, thank you for what you did for our family. It is absolutely wonderful to be a dad!
4 reviews • 0 photos
I had a very good experience in my adoption process, my confidence in Bobby Mills and his group, was completely justified. I am so glad I found his services as a professional lawyer and felt he did above my expectations! The process was walked through step by step with results we could see the end coming closer in sight each meeting. He was prompt and courteous and answered questions I had. Definitely would use his services again!!
Adoption is one of the most meaningful — and sometimes complicated — journeys a family can take. What began as a simple interstate adoption quickly became the most “unusual” and complicated case lasting 15 months. From the initial consultation, Bobby handled every turn with compassion, clarity, and unwavering ease.
He was consistently available to answer questions, explain the process in a way that felt approachable, and offer steady, thoughtful guidance when it was needed most. His knowledge of adoption law — gave me so much peace of mind during an uncertain time. His recommendations for post-placement services and trusted colleagues were also wonderful, providing the support needed well beyond the courtroom.
Thanks to Bobby’s expertise and heart, my family’s story found its way home. I’ll always be grateful for the steadiness and kindness he brought to this life-changing story.
If you’re in search of an adoption attorney who’s both highly skilled and deeply kind, I couldn’t recommend Mills Adoption Law more.
We can’t recommend Mills Law Firm enough! Going through the adoption process can be daunting and emotional, but Bobby was there for us every step of the way. From our very first consultation, he made us feel welcome and informed.
Throughout the process Bobby was able to able to answer all questions clearly and patiently and guided us step by step through the complex legal paperwork. He was always incredibly responsive to our calls and kept us updated on the progress of our case throughout the entire process.
Thanks to Bobby’s help, our adoption was finalized smoothly, and we owe a huge debt of gratitude to him for helping us with this process.
If you’re considering adoption, we strongly recommend that you contact Mills Law Firm. Bobby’s expertise, communication, and support will make a world of difference in your adoption journey. We are so grateful for everything he did for us!
Bobby Mills is absolutely fantastic! I 100% recommend him for anyone trying to adopt! He’s very quick and made even the stressful moments of our adoption journey a lot less difficult! I am beyond grateful for this man and I do not regret the decision on choosing him as my lawyer! Thanks Bobby for everything! From: The Williams Family
I had a wonderful experience in every way possible! Everything was explained in detail of what could or would happen if situation went every way. I would definitely recommend Bobby & The Mills Adoption Law Team to handle your case! Bobby is very knowledgeable,smart, & a straightforward man. We didn’t need to come into the office much. They made it feel easy. Thank you!
I had a very delicate case with the hopes of a very impossible outcome but Bobby was always very honest. Always told me the cons and pros of every move we decided to take. And something that was nearly impossible he made it a reality with his wisdom. There are no words to explain the gratitude I feel towards him. He is extremely knowledgeable and has a network of attorneys to seek if he ever needs assistance. He personally picks up your calls & replies black to every email!! I am so blessed I found him. I will forever be in his debt. THANK YOU BOBBY!!
Bobby’s experience and vast connections with people all over the state of North Carolina was very helpful in making our adoption as smooth as possible. Even though our adoption happened in a town a couple of hours away from Bobby’s office he happened to know a social worker who lived in that town that helped us get through the process when we had questions that popped up. I felt that he always had our interests in mind and answered my texts and emails promptly. We actually recommended Bobby to our friends who are adopting in North Carolina as well. Highly recommend!