How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Family Law question
Type Your Family Law Question Here...
characters left:
3 Family Lawyers are Online Now

Questions about Adoptive Parents’ Rights

Put simply, adoption is a legal process in which parental rights are transferred from the birth parents to the adoptive parents. Thus, giving the adoptive parents rights to the child as if they were the biological parents. This transfer may be initiated by the birth parents themselves, or by the state. The state only initiates action to terminate biological parents’ rights in extreme cases where the child is at risk of being abused, neglected or abandoned. Depending on the individual circumstances, the laws about an adoptive parent’s rights may be unclear, resulting in legal questions like the ones below.

Are adoptive parents allowed to give up parental rights?

The best interest of the child is the main concern of the court. If someone has volunteered to become a parent to a child, and now request that their rights be taken away, is may not be easily awarded by the court. The court may assign a guardian ad litem to care for the child. The judge will not take the parental rights away from the adoptive parents if they are only trying to get out of child support after a divorce. Usually, the adoptive parents would have to convince the court about why they are incapable of caring for the child and why termination of their parental rights is in the child’s best interest.

In Alaska can an adoptive parent give up their rights in order to avoid child support?

In most cases an adoptive parent cannot just give up their parental rights. The Alaskan court, would need the other parent to file to have that parental rights terminated, which would only happen if the court agrees and finds just cause for termination. It is possible to be awarded termination of parental rights, if both parties agree. If there is another person willing to step into a parental role to care for the child, it may help the termination case.

In California does an adopted child have to be included in the will?

In the state of California there is nothing stating that an adopted child must be included in the will when an adoptive parent passes away. Adopted children along with anyone else can be left out of the will, and only the spouses receive the inheritance by default. A will is usually seen as a person’s wish to distribute their property the way they deem fit.

What can be done if someone feels as if they signed an open adoption under pressure?

If the adoptive parent feels as if they were under pressure and forced to sign an open adoption, there are legal provisions by which they can cancel the agreement. They would need to prove that they were under pressure and forced to sign the agreement. They can also file an order to cancel the agreement for the open adoption and let the court make the decision. At this point if the adoptive parent’s rights are relinquished they will not have any right in any decision making on behalf of the child.

Can adoptive parents give up their rights and not be charged with neglect?

Once child adoption is completed, the adoptive parents are held responsible to act as the child’s parents and cannot just give up that child. If there are two parents, then one parent can give up parental rights to the other parent, but the child cannot be abandoned. The court’s decision will be based on the best interest of the child, so the adoptive parent will need to argue that it is not best for the child to continue living with them or to have him/her as the parent. The court usually does not allow the adoptive parents to give up their rights unless there is another person willing to take the child in and care for them as a parent. Adoption alone brings on many questions and many hurdles in child rearing. Knowing adoptive parents’ rights is one step in the right direction. If you are an adoptive parent, and need to know your adoptive parental rights, it is best to seek the opinion of Experts.
Ask a Family Law question
Type Your Family Law Question Here...
characters left:
3 Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18393
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8491
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3848
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)