This post is about an unexpected pregnancy of a teenage girl in Oklahoma. The father wants to get custody of the child, so he can take care of his kid. However, the mother has already put the child up for adoption. The dispute is between the biological father and the adoptive parents. What does this has to do with social media? Let me explain.
The mother of the, now 2 year old, child has sent a Facebook message to the biological father to tell him she was pregnant. The father claims to have never read that message during the pregnancy, but found out after the child was born. When he found out he had a kid he immediately took action, since he wanted to take care of it, and financially support it. His parental rights were terminated after a couple of months after the delivery.
Oklahoma law states that “The natural father of a child, born out of wedlock has to be notified of the existence of the child”. This way the father has the opportunity to take responsibility, and take care of his child.
Technically, the mother has notified the father, using Facebook. Therefore, lower courts terminated the parental rights of the father. The highest court has now ruled that a single Facebook message is not enough:
“Instead of contacting Father directly, Mother left him a message on Facebook, which is an unreliable method of communication if the accountholder does not check it regularly or have it configured in such a way as to provide notification of unread messages by some other means. This Court is unwilling to declare notice via Facebook alone sufficient to meet the requirements of the due process clauses of the United States and Oklahoma Constitutions because it is not reasonably certain to inform those affected”
There are several comments on this ruling. Some claim that Facebook is just as reliable as a written letter, since a letter can also be left unopened and therefore not been read.
What is your opinion about this situation? Do you think that a Facebook message is enough to tell someone he is the father of a child?
References:
Wall Street Journal, http://blogs.wsj.com/digits/2014/10/17/court-facebook-not-a-valid-way-for-mom-to-tell-dad-shes-pregnant/?mod=WSJBlog