Legal Effects of Adoption:
- Adoptive parents assume all parental rights and responsibilities, and the child gains reciprocal rights and obligations.
- Adoptive parents and birth relatives can agree, with court approval, on ongoing contact. For children 12 and older, their consent is also required.
Termination of Parental Rights:
Before an adoption can proceed, biological parental rights must be terminated voluntarily or involuntarily.
- Voluntary Termination: This involves the surrender of rights by birth parents with consent to adoption, including notification to putative fathers to ensure proper notice and voluntariness.
- Involuntary Termination: Parental rights cannot be terminated solely due to environmental factors beyond the parents’ control, such as insufficient housing, income, or medical care.
Termination Procedure:
The process involves two steps:
- Establishing statutory grounds with clear and convincing evidence.
- Demonstrating that termination is in the child’s best interest.
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