Adoption is a beautiful way to welcome a child into your family. From a legal standpoint, though, finalizing an adoption is a complicated process that requires the birth parents to terminate their parental rights. Whether they can prevent the adoption from proceeding will depend on the circumstances and relevant family laws. If you’re planning to adopt, here’s what you should know. 

A Guide to Parental Rights & Adoption

When Consent Is Required

In most adoption cases, the birth parents must agree to terminate their parental rights. In other words, they must consent to severing all legal ties with the child permanently before the prospective parents can adopt. Naturally, terminating parental rights is an emotionally charged situation, and disputes can arise. Even if one parent consents, for example, the other may not. 

Should both parents eventually agree, the process for terminating their rights will depend on state law. In Connecticut, parents can’t consent to terminating their rights until at least 48 hours after the child’s birth. Additionally, under family law, parents may petition to revoke their voluntary consent any time before the adoption decree is entered. Parents can also attempt to revoke consent after it is granted, though this is typically only successful if they can prove fraud or deception. 

When Consent Isn’t Required 

There are scenarios in which the court can terminate a birth parent’s rights without their consent. Typically, the situation must be extraordinary or dire for a family law judge to consider terminating someone’s parental rights. Circumstances that might warrant such an order in the state of Connecticut include abandonment and failure to rehabilitate. More specifically, if the parent does not maintain a reasonable relationship with the child or fails to overcome certain issues, the court can terminate their rights. After this point, the parent has no legal grounds to communicate with the child, though adoptive parents and birth parents can work out an informal visitation arrangement. 

If you’re planning on adopting, it’s wise to seek legal counsel regardless of whether consent is required. Even if you anticipate fairly amicable proceedings, a lawyer will help you navigate every stage of the process. In addition to preparing, modifying, and reviewing all petitions and critical documents, for example, your attorney will serve as a liaison between the parents, yourself, and any involved agencies. 

If you want to adopt a child, get in touch with Gilbert P. Kaback Attorney at Law. For more than two decades, this seasoned lawyer has been helping clients throughout Colchester, CT, and the surrounding areas navigate complicated legal proceedings in the realm of family law. To learn more about his experience finalizing adoptions, visit his website. To schedule an appointment to discuss your family's situation, call (860) 537-0874.