Adoption is a legal process that terminates the biological parent-child relationship and creates a new one between the child and adoptive parents.
- Upon finalization, the child receives a new birth certificate, and original records are sealed, though medical and social information about birth parents remains accessible to the adoptee.
- Strict procedural and substantive safeguards ensure the biological parents’ rights are respected and prevent unethical practices like “baby selling.”
- Costs related to pregnancy are typically permissible, but payments for adopting a child are not.
- Adoptions can occur through public or private agencies or via private arrangements.
Legal Effects of Adoption
- Adoptive parents gain full parental rights and responsibilities equivalent to those of biological parents, while the child gains reciprocal rights and obligations toward the new parents.
- With the consent of all parties and court approval, agreements may allow continued contact between the child, birth relatives, and adoptive parents. If the child is 12 or older, their consent is also required.
Termination of Parental Rights
Before an adoption can proceed, the biological parents’ legal rights must be terminated, either voluntarily or involuntarily.
- Voluntary Termination:
- This occurs when birth parents willingly surrender their rights and consent to the adoption.
- Procedural measures ensure the process is voluntary and that any potential fathers are notified.
Parental rights cannot be terminated based solely on environmental factors beyond a parent’s control, such as poverty or inadequate housing.
Termination Procedure
This is a significant legal remedy requiring:
- Proof of statutory grounds with clear and convincing evidence.
- A demonstration that the termination serves the child’s best interests.
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