October 07, 2020

Birth Parent Rights in Adoption

Parental rights are some of the most highly protected legal rights in our country. For any adoption to proceed legally, a child’s birth parents need to permanently terminate their parental rights or have their rights permanently terminated by a governing court. As a birth parent, giving consent, or terminating your rights, is undoubtedly one of the most emotional and conflicting steps in the adoption process. At what stage of the process does this occur, and how can everyone involved navigate it in an empathetic, but legal way?

Most states require that birth parents wait until the child is born before officially consenting to the adoption. This does mean that a birth parent can change their mind at any time before signing official legal documents—a process and timeline that varies state by state. Some states will permit biological parents to consent before the child is born, but will require a reaffirmation of approval before the adoption can proceed. Some states allow biological parents to revoke their approval up to three months after signing away their rights. 

Many states are moving towards requiring counseling and mental health assistance for any family looking to place their child for adoption while also evolving the rules of consent. FindLaw explains each state’s requirements regarding consent, the timing of consent, and any other waiting periods that might be required.  

When a parent chooses to relinquish their child to someone else’s care, it is a painful and selfless decision. If parents are deciding to terminate their rights voluntarily, they have two options:

Surrender: This option opens up the public adoption process, beginning with a hearing to formally surrender rights. In that hearing, documentation on the adoptive family must be provided (passing home study, financial records, etc.). These meetings usually take place in private quarters, and not in a public courtroom.

Consent: This option commences a private adoption, which usually involves the biological parents’ involvement in choosing a family to adopt their child.

A birth parent should never be coerced or pressured to terminate their parental rights. Not only is it cruel and inappropriate, but it also can lead to revocation or reversal of the termination of parental rights. There are no guarantees in adoption, but an open, honest process with authentic discussion and compassion goes a long way. When working with your adoption consultant, make sure you discuss all possible outcomes, so you’re fully aware of your rights, the birth parent’s rights, the laws in your state, and the true timeline you’re working with.