When a child goes through the process of adoption, such a child may not be regarded as the child of his or her biological father. In the eyes of the law, after an adoption, the biological father ceases to remain the father of the adopted child and as thus, gives up their rights and responsibilities over such a child. Speaking to a Leadville adoption attorney can help such fathers understand better what the legal implications of adoption are on their rights as a father and their involvement in a child’s life.
In some cases, adoption may not affect the paternal rights of the father. Seeing as there are different types of adoption, the choice of adoption will heavily determine whether the biological father will lose his parental rights or not. If the father is already in the picture and participating actively in the life of the child, it is possible that an adoption choice which leaves them as the father and keeps their parental rights over the child may be chosen by the adopting party. However, if the father of the child has been absent thus leading to one of the usual adoption cases, the first step in such an adoption process will be the termination of such a father’s parental rights before the new father adopts the child. Once such documents as this have been finalized, the new parties are considered in the eyes of the law as the legal parents of the child.
What You Should Know About the Termination of Parental Rights
Termination of parental rights is a legal process where the child’s situation is brought before a court to decide upon. During such hearing, the judge can decide to permanently alter the parental rights of the birth parents. Altering such parental rights is regarded as the first step down the line of adoption. With the parent’s rights altered and nullified, such a child is freed up legally thus allowing them to go through the process of adoption unhinged. In some cases, a father may also choose to terminate his parental rights voluntarily and in such cases as this, he gives the other parents willing to adopt the child the right to proceed with their adoption process. Involuntary revocation of parental rights can be held through a court hearing. In some cases, some states may allow the father to appeal such decisions that have been made by the court, especially when the father has been an active part of the child’s life.
In the event, a child has been taken from an abusive or violent situation, as with one of domestic violence, a child may be adopted if he or she remains under the parent’s legal rights and protection. To keep this child safe and shield them from violence as perpetrated in the household, the child may need to be first processed through the stage of parental rights termination to free them up for adoption. There is a higher risk that a child may be adopted when he or she is an infant living in such an abusive situation or relationship. Other risks of termination of parental rights may exist when a family member wishes to take over the guardianship of the child. Cases of termination of parental rights may even be made more complicated if the parents of such a child fight in the process. Importantly, if a father or mother retains their parental rights over the child, the entire process of adoption may be significantly slowed down.
The usual adoption still poses a risk, especially if the father of the child has had a significant amount of time to ponder on the consequences of relinquishing their rights as the father thus leading to the revocation of consent. The amount of time for which the father is allowed to change his mind, however, differs by state, county, and other factors. The risks of negating the adoption process are however significantly reduced when such rights have been terminated as the father, upon changing his mind will have to go through an appeal process (which may or may not be supported by the state). In addition, the duration of the appeal process may be such that the adoption process may have been finalized.
When the rights of the father have successfully been terminated, the child is protected from such a situation with the previous parents and also afforded the security that they will most likely end up in a relationship that is peaceful and stable.
In such cases as this, the mother may take over the parental rights in partnership with the new husband who has indicated interest in adopting such a child. The new husband to the mother can choose to adopt such a child also if the birth father is regarded as abusive, predisposed to violence, or is unable to contribute towards the welfare and care of the child.
An adoption process may also be considered as low risk when the rights of the biological parents have not yet been terminated but is expected to soon be finalized upon, also, it can be considered low risk when the child has little to no chances or interest in returning to their birth family.
Private Adoption and the Legal Process
Many adoptions are processed through legal means. In such cases as this, the intending parents will be required to contact the birth parents of such a child to ensure their consent in relinquishing their rights as a parent over the child. If the adoption has been carried out through a private process, the father may be contacted by a lawyer to inform him of the termination of his rights as a father over such a child.
In the event that the child has been adopted in a different area, such cases may involve some international barriers which can be processed with the Intercountry Adoption Bureau of Consular Affairs alongside an international lawyer (one in the destination country).
A judge may also preside over such cases as this, ensuring that the parental rights of the father are terminated to clear the road for the adoption process.