Adoption is a process created by law that terminates an existing parent-child relationship and establishes a new one.
- Once the adoption is complete, the child receives a new birth certificate, and original records are sealed. However, adopted individuals can still access medical and social details about their birth parents.
- Strict procedural and substantive rules are in place to protect the rights of biological parents and to prevent unethical practices like “baby selling.”
- Payment related to pregnancy expenses is generally allowed, though offering money for the purpose of “baby selling” is not.
- Adoptions may be completed through public or private agencies, as well as through private arrangements.
Legal Effects of Adoption
- After an adoption is finalized, adoptive parents assume all parental rights and responsibilities, just as if they were the child’s biological parents. The adopted child likewise takes on the reciprocal rights and responsibilities toward the adoptive parents.
- With the consent of all parties and the court’s approval, an adoptive parent and a birth relative may sign an agreement allowing continued contact between the child and that relative (or between the adoptive parent and the relative). If the child is at least 12 years old, their agreement is also required.
Termination of Parental Rights
For an adoption to be legitimate, the legal rights of the biological parents must be ended either voluntarily or involuntarily.
- Voluntary Termination of Parental Rights
- This involves the birth parents surrendering their rights and giving consent for the adoption by the adoptive parents.
- Safeguards are used to confirm that this decision is voluntary, and notice must be given to possible fathers (any individual recognized by law as a potential father must be notified).
Parental rights cannot be ended based solely on environmental factors that are outside of the parent’s control, such as insufficient housing, low income, lack of furniture or medical care, or inadequate clothing.
Procedure for Termination of Parental Rights
Ending parental rights is a serious step, requiring two key findings:
- The petitioner must prove at least one legal ground by clear and convincing evidence.
- The petitioner must show that terminating parental rights serves the child’s best interests.
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