Birth Parent Rights in Adoption

You should never feel obligated to surrender your parental rights without knowing how it will impact you. If you are thinking about putting your child up for adoption, it's important to understand the scope of your birth parent's rights.

The termination of parental rights and adoption consent are two factors to consider. This article examines the parental rights and legitimate concerns of birth parents.

Termination of Parental Rights

Parents can lose their parental rights in two ways:

1. Involuntary termination of parental rights
2. Voluntary termination of parental rights

When birth parents place their children for adoption, they voluntarily end their parental rights. But, after a court order finds fault — such as abuse or neglect — the biological parents' rights end without their permission.

Voluntary Termination of Birth Parents’ Rights

If a birth parent voluntarily ends their parental rights, a few things have to happen before someone else can adopt their child. You must follow a specific legal process. Leaving the child in a potentially unsafe place may break your state’s safe haven laws.

If you are considering choosing adoption for your child, an adoption attorney can help craft an effective adoption plan. This plan outlines the preferences of birth parents, such as the type of adoptive family they'd like to place their child with.

Is There a Waiting Period for Adoption?

Some states mandate a waiting period before a parent can consent to placing their biological child for adoption. The purpose of this waiting period is to allow the birth family enough time to make an informed decision. Waiting periods range from 12 hours to 15 days. The most common duration is three days.

About 15 states do not impose a waiting period for parents to consent to the adoption proceedings. In these states, parents can consent immediately after the child's birth.

Consent To Giving a Baby Up for Adoption

After the waiting period has expired, the birth parents can agree to the child’s adoption.

State laws require one or both birth parents to consent to the adoption. State law, not federal law, controls consent for adoption.

In cases where one or both parents are dead or have lost their parental rights, consent can be given by the following:

• A person with custody of the child, like a grandparent
• A child's guardian
• A court having jurisdiction over the child
• A child-placing agency, such as an adoption agency or the county department of social services

Fulfilling the Written Consent Requirement

Most states require written consent. This needs to be signed before a court official or notary public. This rule equally applies to biological mothers and biological fathers who have proven paternity.

Establishing Paternity To Prevent Adoption

The birth father's agreement isn't necessary if he fails to establish paternity or respond to an adoption proceeding notice.

A birth father can establish paternity in several ways, including:

• Being named as the father on the birth certificate
• Registering with a state-operated “putative father registry." A putative father claims to be the biological father but doesn't have a legal relationship with the child
• Submitting an affidavit of paternity

Establishing paternity for a child or newborn infant can allow the birth father to stop an adoption. However, it is important to complete this process before the adoption is final.

Involuntary Termination of Birth Parents’ Rights

Involuntary termination of a birth parents' rights can occur if certain conditions are satisfied. Most states look to the best interests of the child in deciding whether to end the biological parent-child relationship.

Common grounds for involuntary termination of parental rights include:

• Severe child abuse or neglect of the child
• Mental illness or incapacitation due to the parent's alcohol or drug use
• Abandonment
• Convictions for crimes like child sexual abuse felonies
• A parent's lengthy incarceration

It is common for the child in these cases to enter foster care or live with a relative. Sometimes, the birth parent might regain parental rights by resolving the underlying cause of the termination. In other cases, the state may eventually deem the child eligible for adoption by another family.

Revoking Consent for Adoption

As a general rule, adoption consent is irrevocable as it aims to be a lasting and binding agreement to ensure the child's stable environment. Some states don't allow birth parents to take back their adoption consent. Other states permit revocation in very narrow circumstances, usually before a judge has signed the adoption decree. A signed adoption decree signals the finalization of the adoption process.

Common reasons for revocation include:

• Involvement of fraud or coercion
• The state allows a specific period for retracting consent
• The state concludes that revocation is in the best interests of the child
• The birth parents and adoptive parents mutually agree

Because adoption laws vary, you must check the adoption laws in your specific state.

What if a Birth Parent Is Unknown?

There are instances where a birth parent's rights are not an issue, and a birth parent's consent to adoption is not needed. This generally happens when there is an unknown parent. Most instances involve a father's identity not being known or the known parent, the mother, refusing to identify the unknown parent, the biological father.

In such cases, the mother who wants to give up the child for adoption can probably do so without involving the father. For example, in North Carolina, an unmarried mother with a child has primary rights to custody of the child.

Birth Parents’ Involvement in Open Adoption

In an open adoption, birth mothers can design their own adoption plan, including selecting an adoptive family for their child. Today, most adoptions are open adoptions. This means that the birth mother, birth father, or some other biological family members maintain contact with the child after the adoptive parents have assumed legal custody and physical custody of the child.

Even though you have no legal parental rights, including obligations for child support, after giving up your child for adoption, open adoption allows you to remain a part of your child's life. Visitation rights often form a vital element of the written agreement between the parents in an open adoption.

In the past, the majority of adoptions were closed adoptions, which meant no contact between the adopted child and the biological parents.

Adult Adoption

One type of adoption doesn't need parental consent. When the adoption involves an adult adoptee, birth-parent consent is not a requirement.

Stepparent Adoption

In a stepparent adoption, both biological parents must consent. But, if you can't locate one of the parents or they refuse to give consent, you can petition the court to end the other parent's legal rights. A home study might be a requirement.

Should I Place My Child for Adoption?

This decision is highly personal for birth parents. Determining which arrangement is best for you and your child may involve both research and personal reflection.

There are many common questions for biological parents to consider, including:

• Why do I want to give my baby up for adoption?
• Is this my own free-will decision, or is someone else (like my parent or significant other) influencing or forcing me to make this choice?
• Does the other parent agree with the decision to place this child for adoption?
• How do I feel about the adoptive parents making all parental decisions for my child’s upbringing?
• Do I fully understand the adoption information and legal terms?

Creating Your Adoption Plan

Once you identify whether adoption is the best decision, you will also consider what kind of adoption to pursue. Below are a few questions to ask yourself about the type of adoption to seek:

• Do I want to choose the parent(s) for my child? Or will the adoption agency find a family?
• Do I want a relationship with the adoptive parents during the pregnancy?
• Do I want a relationship with my child post-adoption?
• Do I want the adoptive parents to keep me informed without my initiating any involvement?
• How (and how often) do I want to make contact?
• Does my child have special needs that best suit a particular family profile?

Adoption can be life-changing in positive yet challenging ways. The choice to give a child up is often difficult, even if it can protect their well-being.

Adoption Support for Birth Parents

Many states offer programs to help ease the transition for the parties involved in the adoption, including the adopted child, the birth parents, and the prospective adoptive parents. The programs aim to reduce any uncertainty and anxiety that may arise during the adoption process.

Some adoption services may offer financial support. Financial assistance is most common for birth moms in infant adoptions. In those cases, prospective birth mothers may find support for the costs of medical care. Other programs may aim to encourage adoption and ease the child’s transition to the adoptive home.

Do Birth Parents Need a Lawyer?

The adoption process doesn’t require legal representation, but many birth parents find legal advice helpful. An experienced adoption attorney can help you understand how this choice can affect your life.

Adoption lawyers can also do the following:

• Explain the state laws relevant to your adoption plan
• Provide useful information about background checks
• Help you navigate the adoption process

Reviewing your goals with an attorney is an important next step in the process of making an adoption plan for the child. It's vital to understand the rights and responsibilities of all parties involved. Adoptive parents are the caregivers and have legal custody of the adopted child. Yet, in some circumstances, birth parents might still hold specific rights.

The birth family and the adoptive family should have separate and independent counsel. This approach helps avoid the possibility of a conflict of interest during the legal process.

Consult an Attorney About Birth Parent Rights

It doesn't matter whether you're a teen with an unplanned pregnancy or a parent with high living expenses who can't afford to raise more children. If you're considering placing a child for adoption, you're likely facing a difficult choice.

You probably have a lot of questions about your child becoming an adoptee. An adoption attorney can give you legal advice that will help you understand your legal rights and the legal process.