Adoption is defined by statute as a legal process that ends a child’s previous parent-child relationship and establishes a new parent-child bond.
- Once the adoption is completed, the child is issued a new birth certificate, and the original documents are sealed. However, adopted children may still obtain medical and social details pertaining to their birth parents.
- Numerous substantive and procedural safeguards are in place to protect the rights of biological parents and to deter unethical practices such as “baby selling.”
- Payment of certain pregnancy-related expenses is typically allowed, but any form of selling or profiting from an adoption is strictly prohibited.
- Adoptions may take place through public or private agencies, or they may be arranged privately between the parties involved.
Legal Effects of Adoption
- After an adoption, the adoptive parents gain all the rights and responsibilities of biological parents, and the adopted child has the same reciprocal rights and obligations toward the adoptive parents.
- With the consent of everyone involved and the court’s approval, adoptive parents and a birth relative can enter into an agreement allowing the child to maintain contact with that birth relative. If the child is 12 years or older, the child must also agree to this arrangement.
Termination of Parental Rights
Before an adoption can be finalized, the biological parents’ legal rights must be terminated, either voluntarily or involuntarily.
- Voluntary Termination of Parental Rights:
- The birth parents agree to relinquish their rights and consent to the adoption by the adoptive parents.
- Certain procedural measures ensure the decision is truly voluntary and that any potential father is properly notified prior to adoption.
Courts will not terminate parental rights solely because of environmental limitations that are outside a parent’s control, such as insufficient housing, clothing, income, or medical care.
Procedure for Termination of Parental Rights
Terminating someone’s parental rights is a significant legal measure and involves two main steps:
- The person or entity petitioning the court must demonstrate at least one statutory ground for termination with clear and convincing evidence.
- It must also be shown that terminating these rights is in the child’s best interests.
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