Termination of Parental Rights and Adoption

Question 1

Termination of Parental Rights

Answer 1

1-voluntary termination: i-parents may voluntarily relinquish all rights to their children
2-involuntary termination: i-the state may not interfere in family decision making unless the decision endangers the well-being of the child; ii-the state may seek to terminate parental rights for: a. infliction of various physical harm on the child; b. abandonment; c. neglect or deprivation; d. failure to provide support fir the child w/o cause for a specified time period; e. mental health of the parent that results in inability to care for the child or; f. parental unfitness

Question 2

Adoption

Answer 2

1-types of adoption: agency adoption (licensed agencies) and private adoption (private persons arrange)
2-requirements:
i-termination of biological parents rights
a. consent of biological parents required unless: rights were already terminated; if unreasonably withheld against the BIOC
b. consent of unmarried father: required if father is actively involved in child’s life; may not be necessary if the parent has abandoned the child, failed to support for a certain length of time, or never attempted to establish a relationship
ii-creation of new parent rights
a. consent of adoptee
b. home study
c. payment of money prohibited
3-adoption records: generally sealed unless biological parents consent to contact
4-consequences of adoption: severs all rights and obligations of bio parents to child and creates duties to adoptive parents and child–in some states, the adoptive child still has the right to inherit from bio parents