“Adopting one child won’t change the world, but for that one child the world will change”
What is adoption? Adoption is the legal process of taking on the responsibilities as parent of a child that is not one’s own biologically. An adopting parent has parental rights, the same as a biological parent. An adopted child has rights of inheritance, the same as a biological child.
Relative vs Non Relative adoptions- “Relative” means grandparents or any degree of great-grandparents, aunts or uncles, or any degree of great-aunts or great-uncles, or stepparent, or cousins of the first degree or any siblings of the whole or half-degree or any spouse of the same;
Who may not adopt?
One person of a married couple can not adopt without the other spouse adopting. Unmarried people may not adopt the same child. A single parent (usually the mother) may want the rights of the other parent terminated to allow an adoption by a relative. This is not allowed, and her parental rights must be terminated as well, before an adoption may take place.
Who’s Parental Rights Must be Terminated?
Legal Parents
Guardians
A man who has been judicially declared to be the father of a child.
A putative biological father (a man whose legal relationship to a child has not been established but who is alleged to be or claims to be the biological father of a child).
How are parental rights terminated?
Voluntary- A parent may voluntarily surrender their parental rights to allow an adoption to take place. The surrender must be approved by a court. The ability to revoke a surrender is very limited. Therefore, anyone considering a surrender of their parental rights should not do so without consulting an attorney.
Involuntary- Termination of parental rights is like the “death penalty” of parental rights. It has the effect of forever severing the parent-child relationship. Because the right to parent is a fundamental right under the law, terminations are judicially determined under due process. Because it is revocable only under very limited circumstances, being represented by a competent attorney is essential if your parental rights are in jeopardy of termination.