Adoption is a legal process governed by statutory regulations that ends a child’s existing parental relationship and creates a new one.
- Upon completion, the child receives a new birth certificate, while original records are sealed. However, adopted individuals may access medical and social information about their biological parents.
- Strict procedural and substantive measures are in place to ensure fairness for birth parents and prevent unethical practices such as baby selling.
- Costs related to pregnancy may be covered, but selling a child is strictly prohibited.
- Adoptions may occur through public or private agencies or private arrangements.
Legal Implications of Adoption
- Adoptive parents take on all parental rights and responsibilities, while the child gains reciprocal rights and responsibilities toward the adoptive parents.
- With court approval and mutual agreement, adoptive parents and a child’s biological relatives may establish a written agreement for ongoing contact. For children aged 12 or older, their consent is also required.
Termination of Parental Rights
Before an adoption can occur, the biological parents’ legal rights must be terminated either voluntarily or involuntarily.
- Voluntary Termination:
- Involves the biological parents surrendering their rights and consenting to the adoption.
- Legal safeguards are in place to ensure the process is voluntary and that all potential fathers receive proper notification.
Parental rights cannot be terminated solely due to circumstances outside the parent’s control, such as financial hardship or inadequate housing.
Steps in Termination of Parental Rights
The termination process involves two key steps:
- The petitioner must provide clear and convincing evidence of at least one statutory ground for termination.
- The court must determine that terminating parental rights is in the child’s best interest.
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