If the birth mother is married, her husband’s consent to the adoption is necessary, even if he is not the biological father. If DNA evidence of paternity rules out the husband as the father of the child, his consent may not be necessary.
For potential fathers who are not married to the mother, a notice must be served to them advising them of the mother’s adoption plan. The potential father has 30 days from the date the notice is served to file a paternity action in the Superior Court and to have the mother served with a copy of the paternity paperwork. If he does not file the paternity action and serve the mother within 30 days, his consent to the adoption is not required.
