- Finalization and Records: After the court finalizes the adoption, the child is issued a new birth certificate, and the original records are sealed. Nevertheless, adopted children still have the right to obtain certain medical and social information regarding their birth parents.
- Legal Protections: Rigorous procedural and substantive safeguards protect the rights of biological parents and prevent improper practices such as “baby selling.”
- Permitted Costs: Expectant mothers may typically be reimbursed for pregnancy-related expenses, but the direct sale of a child is strictly prohibited.
- Adoption Options: Adoptions may proceed through public or private agencies, as well as private, direct arrangements.
Legal Effects of Adoption
- Once an adoption is complete, the adoptive parents assume every legal right and responsibility a biological parent would normally hold. Likewise, the adopted child gains corresponding rights and responsibilities in relation to the new parents.
- If everyone agrees and the court authorizes it, adoptive parents and a birth relative can sign a written agreement for the child to maintain contact with that relative—or for the adoptive parent to maintain such contact—provided the child is at least 12 years old and also consents.
Termination of Parental Rights
Before an adoption can proceed, the biological parents’ legal rights must be terminated, either voluntarily or involuntarily.
- Voluntary Termination:
- In a voluntary termination, the birth parents formally give up their rights and consent to having the child adopted.
- Legal precautions are in place to confirm that consent is truly voluntary and to ensure that any potential fathers receive proper notice.
A parent’s rights cannot be terminated solely because of environmental issues beyond their control (for example, inadequate housing, lack of income, or limited access to clothing or healthcare).
Procedure for Termination of Parental Rights
Termination of parental rights is a significant legal step and follows two main phases:
- The person seeking termination must prove, by clear and convincing evidence, that at least one statutory ground for termination exists.
- It must also be shown that terminating parental rights is in the child’s best interest.
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