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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 Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9402
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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8 Family Lawyers are Online Now

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

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