Adoption Information Center
Adoption Information Center
Termination of Parental Rights
Before a child can be adopted, the child’s legal ties to their birth parents must be severed. This process can be stressful for adoptive parents, who may worry that complications will increase the length of the process or prevent a successful adoption altogether. To protect your interests, contact an experienced adoption attorney from Law Offices of Scott David Stewart to represent you at the termination hearings. A lawyer can help you understand the process and answer your questions about adoption and terminating the birth parents' rights.
Consent to Adopt
Termination of rights can be voluntary or involuntary. In general, each state has a consent statute which sets out who must give consent and the manner of the consent before the court can find an adoption valid. Every state requires consent of the birth mother, whether she is married or not. States vary concerning the consent requirements of the biological father. Generally, if the parents were married at the time of conception or birth, then the consent of both parents is required before the child can be adopted. By consenting to his or her child's adoption, the birth parent voluntarily terminates parental rights.
Involuntary Termination
Parental rights are held in high regard and they are not easily terminated. But there are certain situations in which a parent's rights are terminated by the court without the parent's consent, such as in cases of abuse, neglect, abandonment, drug or alcohol abuse and in some cases, incarceration. If a parent's rights have been terminated, his or her consent is not required before an adoption can be finalized.
Revoking Consent
Once the final adoption decree has been entered, it is very rare for a court to set aside the adoption in favor of the birth parents. However, before the final decree has been issued, birth parents may seek to revoke their consent to the adoption. Each state has laws setting out the requirements for attempting to revoke consent, including the time limits on filing such an action and permissible grounds for seeking revocation.
Generally, birth parents can seek to revoke consent due to:
- Failure to meet the state's statutory requirements for consent
- Consent was obtained through fraud, duress or undue influence
If the challenge arises before the adoption has been finalized, the court will hold a hearing to determine if it is in the child's best interests to return to the birth parents.
Conclusion
In order for an adoption to proceed, the legal system must take steps to sever the child's legal relationship with his or her birth parents. If you have questions about the termination of parental rights, contact a family law attorney from Law Offices of Scott David Stewart in Phoenix, Arizona for information specific to your situation.
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