Some attorneys take a position that if a court order determines that an individual is the biological father of the child then no DNA test or John Doe is required. Other attorneys, myself included, take a more conservative approach and assume that until a DNA test confirms the biological relationship between a presumptive father and the child, a John Doe must always be given notice of the adoption proceedings.
We give notice to John Doe by publishing a document called “Notice of Adoption Proceedings” in a newspaper of general circulation. Typically the selected newspaper is in the city or county where it is believed that the child was conceived.
We serve John Doe so that any man who we do not know the true identity of but who is or, may claim to be, the biological father of the child gets the required opportunity to know about and participate in the adoption action. If biological father was not given notice of the adoption action and the opportunity to participate, he can later attempt to have the adoption set aside. I and many other attorneys believe that the cost associated with serving John Doe with notice of the adoption proceedings in a local newspaper is justified to reduce or eliminate the possibility that another man could later come back and attempt to upset the adoption by claiming he is the biological father of the child and was never given any notice of the adoption proceedings.