Adoption

Question 1

Adoption is

Answer 1

a statutory procedure that terminates the rights of the biological parents and establishes the rights of the adoptive parents.

In most states, the biological parents lose the right to visit their child after the adoption.
However, some states will permit visitation if it is in the child’s best interests.

Question 2

Is parental consent required to put a child up for adoption?

Answer 2

Generally, the consent of BOTH parents is required to place a child up for adoption.

However, if the child is born out of wedlock, consent of the father is only required when he has assumed parental responsibility.

Moreover, an unwed father who knew of his child’s pending birth is NOT entitled to notice of the adoption if he did not take steps to establish a parent-child relationship with the child.

Question 3

A biological parent may challenge the validity of his/her consent to an adoption on the ground that his/her consent:

Answer 3

Was procured by fraud or duress (mere stress is insufficient, the duress must be extreme);

OR

Failed to comply with statutory formalities.

Some states require two witnesses to consent to an adoption. Most states declare pre-birth adoptions invalid (e.g., a mother cannot give consent for an adoption until 72 hours after birth in some states).

Question 4

Generally, there are three different statutory approaches
to a biological parent’s revocation of valid consent to an adoption:

Answer 4

Consent is revocable until the final adoption decree is entered with the court;

Consent is revocable at the court’s discretion up to a specified amount of time so long as the revocation is in the child’s best interests;

OR

Absent fraud or duress, consent is NOT revocable.