{"id":351561,"date":"2016-04-04T11:02:24","date_gmt":"2016-04-04T16:02:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/adoption\/birth-parent-rights.html"},"modified":"2024-10-14T13:35:00","modified_gmt":"2024-10-14T18:35:00","slug":"birth-parent-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/adoption\/birth-parent-rights.html","title":{"rendered":"Birth Parent Rights in Adoption"},"content":{"rendered":"\n
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Birth Parent Rights in Adoption<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

As a child’s biological parent, you have the right to make decisions about the care and custody of your child. Sometimes the child’s best interests include the difficult decision to place the child for adoption. Birth parents lose rights in adoption.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

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<\/a>, it’s important to understand the scope of your birth parent’s rights. <\/p>\r\n

The termination of parental rights<\/a> and adoption consent are two factors to consider. This article examines the parental rights and legitimate concerns of birth parents.<\/p>\r\n

Termination of Parental Rights<\/h2>\r\n

Parents can lose their parental rights in two ways:<\/p>\r\n

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  1. Involuntary termination of parental rights<\/li>\r\n
  2. Voluntary termination of parental rights<\/li>\r\n<\/ol>\r\n

    When birth parents place their children for adoption, they voluntarily end their parental rights. But, after a court order finds fault \u2014 such as abuse or neglect \u2014 the biological parents’ rights end without their permission.<\/p>\r\n

    Voluntary Termination of Birth Parents\u2019 Rights
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    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\u2019s safe haven laws<\/a>.<\/p>\r\n

    If you are considering choosing adoption for your child, an adoption attorney<\/a> 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.<\/p>\r\n

    Is There a Waiting Period for Adoption?<\/h3>\r\n

    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.<\/p>\r\n

    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.<\/p>\r\n

    Consent To Giving a Baby Up for Adoption<\/h3>\r\n

    After the waiting period has expired, the birth parents can agree to the child\u2019s adoption<\/a>.<\/p>\r\n

    State laws require one or both birth parents to consent to the adoption. State law<\/a>, not federal law, controls consent for adoption.<\/p>\r\n

    In cases where one or both parents are dead or have lost their parental rights, consent can be given by the following:<\/p>\r\n