Are There Any General Protections That Can Be Put In Place To Protect Perspective Adoptive Parents From A Birth Parent Backing Out Or Any Other Complications That Could Come Up During The Adoption Process?
Until the biological parents’ rights have actually been terminated, they are the legal parent. They have the right to decide what’s best for the child and to back out. The court would consider it if the parents previously changed their mind to give up the child for adoption. It may be possible to make an argument that indicates some kind of instability on their part – that makes them unfit. If they’re contesting an adoption, the judge has to decide whether they are a fit parent and whether it is in the best interest of the child. Making the decision to give up the child for adoption and later changing their mind doesn’t necessarily make them unfit.
If you’re adopting a child and the biological parents’ parental rights have not yet been terminated, there is always a risk that they could change their minds or the judge could decline to terminate their rights.
If Someone Is Already Working With An Adoption Agency, Why Do They Still Need To Work With An Adoption Attorney As Well?
If someone is interested in adoption, it is essential to work with an attorney because it’s ultimately the court’s decision whether they can adopt; and not the adoption agency’s decision.
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