Termination of Parental Rights and Adoption

Question 1

Voluntary Termination of Parental Rights

Answer 1

Parents may voluntarily terminate their parental rights. This is generally done in preparation for adoption.

⇒ Remember, parental rights enjoy constitutional protection.

Question 2

When may a state seek to terminate parental rights?

Answer 2

A state may terminate parental rights when allowing rights to persist would endanger the well-being of the child. The state may terminate rights for:

1. The infliction of physical harm to the child, siblings, or other members of the household;
2. Abandonment or neglect;
3. Failure to provide support for an extended period of time;
4. Parental unfitness stemming from mental health issues, physical issues, or drug abuse.

Question 3

May one parent seek to terminate another parent’s parental rights?

Answer 3

Generally, no.

Question 4

Requirements for Adoption

Answer 4

• For an adoption to take place, the parental rights of the parental rights of the biological parents must be terminated and the parental rights of the adopting parents must be created.
• Generally, this requires the consent of the biological parents, the consent of the adoptee, and a homestudy. If an unmarried father is involved in the child’s life, his consent is also required.