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First, for you to retain any possible rights you need to register as the putative father as follows:
Statute: § 170-B:6 [Effective January 5, 2005]
Once you have registered as a putative father then you will be entitled to all notices with regard to the adoption. After you have been registered as the father then the adoption cannot take place without your consent.
Here are the specific statutes about consent and your timing:
Statute: § 170-B:8 [Effective January 2, 2005]
No consent is valid until at least 72 hours after the child's birth.
Statute: §§ 170-B:9; 170-B:10 [Effective January 2, 2005]
Statute: § 170-B:12 [Effective January 2, 2005]
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sorry john,i dont understand all the technicallities of it,this is all the same things i saw online that confused me.i do apolgize but would you be able to reply in laymans terms? accoding to this even though we are going through an agency i do not have the option to voluntarily terminate my rights until 3 days after the child birth?what happens if she changes her mind before then and i do not?
Neither one of you have the right to terminate your rights until 3 days after the birth. If either of you refuse to terminate her rights at that time then the child will not be adopted. If she changes her mind then the child will not be adopted. Same with you, if you change your mind and refuse to terminate on the 3rd day then the child will not be adopted.
From the time you consent (on the 3rd day) until the court enters the final order you can potentially withdraw your consent.if you meet one of the 3 conditions under "Revocation of consent."
Even though you sign something with an agency even agreeing to give up your rights, you cannot legally do so until 3 days after the birth.
You should be able to revoke your consent if the other parent does give up their rights under the "Revocation of Consent" section. Both parents will still retain rights to the child. The court will not do anything to finalize the adoption or revoke either of your parental rights until after both of you consent.
I would suggest that both of you sign your consent at the same time. I would suggest that to clear up any potential problems that both of you sign at the same time.
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