Adoption and Termination of Parental Rights: How the Court Decides
Adoption is one of the most rewarding areas of family law because it gives children the chance of a safe, stable, and permanent home. For adoptive parents, it can represent the fulfillment of a dream. For children, it provides security and a sense of loving permanence within a family.
However, adoption also involves legalities that must first be addressed. For an adoption to move forward, one or both of the biological parents’ rights must be relinquished. In many cases, birth parents give voluntary consent when they recognize adoption is in their child’s best interests. But in other cases, the decision becomes far more complex. The court may have to step in and determine whether parental rights should be terminated, often after a child has been removed from an unsafe situation or when a biological parent refuses to consent. These are among the most serious and emotional decisions a judge has to make because they permanently alter a parent-child relationship.
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When Parents Consent to Adoption
Before an adoption can be finalized, the child must be legally available. This means the biological parents’ rights have either been voluntarily relinquished, or they have been terminated by court order.
In an agency adoption, a licensed adoption agency typically manages this process. Birth parents sign formal consents that the agency files with the court, and the judge evaluates them to ensure the consents are voluntary and informed. Once approved by the court, the agency gains authority to place the child for adoption.
In a non-agency adoption, such as a parental placement, stepparent adoption, or an adoption by a close family member, the birth parents usually consent directly with the assistance of an attorney. The attorney prepares and submits the paperwork to the court for review.
In both types of placements, the court has the final say, even if the parents have signed consents, and termination is not legally complete until a judge issues an order.
Understanding Revocation Periods
One of the most important details in consent adoptions is the revocation period. This is the window of time in which a birth parent may legally change their mind after signing their consent. This period is intended to strike a balance between the need for certainty and understanding that surrendering parental rights is a life-changing decision, allowing time for a potential change of heart.
Revocation periods vary by jurisdiction, and the length of time and circumstances for withdrawal differ significantly by state. Anyone considering adoption should understand how state rules apply to their adoption before moving forward.
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What Happens if a Parent Refuses to Consent?
In most adoptions, the process moves forward smoothly when both parents give their consent. But sometimes one parent refuses to relinquish their rights. This often occurs in the case of a stepparent or family member adoption when a biological parent refuses consent. In that case, the adoption can’t be finalized until the court addresses that parent’s rights.
If the noncustodial parent refuses consent, the adopting party can petition the court to terminate the noncustodial parent’s rights. But the court doesn’t grant these petitions automatically. The court will want to see clear evidence that termination is not only legally justified but is also in the child’s best interests.
Common grounds for termination under these conditions include:
- Abandonment – The parent has failed to maintain contact or provide support for the child over a significant time period.
- Failure to support – The parent has not met their financial obligations toward the child.
- Lack of contact or involvement – The parent has not maintained a meaningful relationship with the child.
- Unfitness – The parent’s conduct, such as chronic substance abuse, untreated mental illness, or abusive behavior, makes them unable to provide a safe home.
The court will hold a hearing, during which the noncustodial parent has the right to legal representation and an opportunity to contest the termination. A judge will weigh the testimony, reports, and sometimes the recommendation of a guardian ad litem to decide whether ending parental rights is necessary for the child’s well-being. If the court orders termination, the adoption may then proceed. But if the court finds that grounds for termination aren’t met, the adoption can’t move forward without that parent’s consent.
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What Happens When Parents Aren’t Married and Only One Parent Consents to an Adoption?
When the parents of a child are not married, the law handles consent a bit differently depending on the circumstances and jurisdiction. Usually, the most important factor in these cases is whether the father’s legal rights have been formally established.
Mother’s Consent
The child’s biological mother must always consent to adoption, unless her rights have been terminated by the court.
Father’s Consent
If parents are not married, a father’s consent is usually only required if he has established legal paternity. Paternity may be established if
- His name appears as the father on the child’s birth certificate
- He has signed a paternity acknowledgement form
- He has been adjudicated as the child’s legal father by the court
- He has registered with a state putative father registry, depending on the jurisdiction
- He has petitioned the court to establish paternity, usually through DNA testing
If a father has not taken steps to establish paternity, his consent may not be required. However, courts and agencies usually make reasonable efforts to notify the father of an adoption proceeding, especially if his identity or whereabouts are known.
If both biological parents are unmarried but actively involved, both must consent (or have their rights terminated) before the adoption can move forward. If the father is absent or uninvolved, the court will evaluate whether their rights may be terminated based on abandonment, lack of support, or failure to establish paternity.
How Consent Works in Foster Care Adoptions
When a child is adopted from foster care, the process for consent and termination looks different from private or family adoptions. This is because by the time a foster child becomes legally available for adoption, their biological parents’ rights have usually been terminated.
The process usually follows these steps:
- Initial removal from the home – A child enters foster care when a court finds that remaining in the home would be unsafe due to abuse, neglect, or other serious concerns.
- Failure to reunify – If the biological parents fail to meet their reunification plan within a specific period of time – usually 12 to 15 months under federal guidelines, though timelines can vary – the involved child welfare agency may petition the court for termination of parental rights.
- Termination of parental rights – Once the court has terminated parental rights, the child becomes legally free for adoption. At this point, the agency no longer needs parental consent.
- The adoption process – Adoptive parents, often the child’s foster parents, but sometimes a relative or another approved family member, file an adoption petition. Because parental rights have already been terminated, an adoption can move forward with agency and court oversight.
Foster care adoptions straddle the delicate balance between giving parents a chance to reunify with their children and ensuring kids don’t linger in temporary care too long. Once parental rights are terminated, the focus then turns fully to the child’s future well-being and placing them in a permanent situation where they can thrive.
When the Court Removes a Child
Courts are very cautious about removing parental rights as termination permanently severs the legal parent-child relationship. As a result, court termination typically occurs only when there is clear and convincing evidence that it is necessary to protect the child.
Circumstances for court removal can include:
- When a child has been physically, sexually, or emotionally abused, or has suffered chronic neglect.
- When a parent has not had meaningful contact with the child or has failed to provide support for a significant period of time.
- When a child has been placed in foster care, and the parent(s) fail to complete a reunification plan.
- When a parent has ongoing substance abuse or mental health issues, and safe parenting is unlikely despite treatment opportunities.
- When a parent is incarcerated for a lengthy period or engages in criminal conduct that places the child at risk.
The termination process underscores the court’s commitment to balancing parental rights with the child’s urgent need for stability and permanency. When the court removes a child from the home, it does so only after finding that the child’s safety cannot be protected any other way. Termination of parental rights in these cases typically follows careful review, multiple opportunities for parents to address their issues, and clear evidence that termination is best for the child’s well-being.
Seeking Legal Advice When Considering Adopting
Adoption is both a joyous and serious legal process. At the heart of every adoption case is the goal of giving children the secure, loving home they deserve. In all cases, courts approach their decisions with caution, knowing that it permanently alters the relationship with their biological parents.
If you are considering adoption or facing a case involving termination of your parental rights, the experienced family law attorneys at Melone Hatley, P.C. are here to support and guide you every step of the way. Let us help. Schedule a free consultation with one of our Client Services Coordinators by calling 800-479-8124 today.
Schedule a call with one of our client services coordinators today.
