Adoption allows individuals to fulfill their desire for parenthood without the traditional method of giving birth. Guided by law, this process involves the transfer of legal rights and responsibilities from biological parents to adoptive parents.
However, understanding and addressing the rights of biological parents involved in the process before an adoption can occur is crucial. This will ensure that the best interests of all parties, especially the child at the center of the adoption, are protected.
This article discusses biological parents’ rights before and after adoption to shed light on this matter.
Pre-Adoption Rights of Biological Parents
Biological parents hold full rights over the child before they consent to an adoption. Typically, many states limit consent until the child’s birth. The father’s rights may also vary, so it is essential to consult an adoption attorney to help you understand laws that apply to your jurisdiction.
While rules guiding adoption procedures may vary from state to state, the biological mother has the right to participate in the adoption process by interviewing the adoptive families to identify the right person to raise her child. Mothers may also qualify for limited financial assistance to cater to their medical and pregnancy costs. Biological fathers also enjoy similar rights.
Sometimes, the father may not agree with the mother’s adoption plan, forcing him to seek child custody. If this happens, he must provide sufficient evidence showing he is the child’s natural parent and prove he can offer adequate parental care.
Revoking Consent and Maintaining Contact With the Adopted Child
Revoking consent for adoption is a sensitive and complex issue. Once biological parents consent, reversing the adoption process is generally challenging. While laws may vary by state, most have limited timeframes for consent revocation, often around 21 days after the child’s birth. Some states may allow revocation only in fraud, duress, coercion, or deception cases.
Various options are available for biological parents considering adoption but desiring ongoing contact with their child. These options include confidential adoption, open adoption, and partially open adoption.
Generally, confidential adoption prohibits contact or information exchange between the biological parents and the child, while open adoption allows for some post-adoption contact. On the other hand, partially open adoption permits limited interaction between the biological parents and the child through the exchange of letters and photos. However, courts may overturn any contact agreements if they deem them detrimental to the child’s well-being.
Steps in the Adoption Process
The adoption process involves filing an adoption petition, notifying all relevant parties, and attending court proceedings. In the petition, the adoptive parents declare their understanding of their rights and responsibilities.
The court then reviews the petition to ensure the adoption serves the child’s best interests. If approved, an order of adoption is issued, granting legal court approval for the adoption to proceed.
The Role of Adoption Lawyers
Navigating the adoption process can be complex, especially when dealing with biological or adoptive parent(s) concerns, legal rules, and state-specific regulations. This is why working with an adoption lawyer is essential.
“An attorney can guide you on your state’s adoption law, helping you avoid errors that can delay or stop the process. Biological fathers who want to understanding their rights should also consider contacting an attorney who has handled similar cases,” says attorney Allen Russell of Atlanta Divorce Law Group.
Moreover, your attorney can help you navigate adoption complexities by filing the necessary documents on your behalf and selecting the most appropriate option. If any issues arise midway through, leading to a lawsuit, your adoption lawyer will represent you in court.