Consent for adoption
Nearly all states require the consent of the parent in order for the adoption to take place. Most states
have some detailed requirements for the forms as well as procedures for such consent to take place. In
the normal circumstances, the statutes will only decide on behalf of the parent incase where the parent
suffers from a serious unfitness state that ends up terminating the parental rights or where these rights
have been terminated judicially.
On top of the parental consent, a child’s consent will be required before the adoption can take place where the child has reached a certain age as specified by the statute. This is generally between 10 and 14 years where the child has gotten to a certain age.
With the increased divorce levels, this has caused the de-emphasis on the need for consent when dealing with the noncustodial parents with the goal being to ease the integration of kids who are from broken families. There are states where adoption without the noncustodial parent’s consent is allowed in a case where the parent has failed in his duty to contribute to the child’s support for a particular period of time. Abandonment is considered to be a common ground when courts are considering the termination of the parental rights- where noncustodial divorced parents are involved.
Consent of an unmarried father
In the past, where the kid was considered to be illegitimate, only the consent of the natural mother of the child was allowed before the child’s adoption. The rights to withhold or grant the consent was not given to the person who fathered the illegitimate kids as the person wasn’t considered to have enough interest in the obligations and duties of raising the kid in determining whether the kid should be adopted.
However, this trend changed in 1979 where a case was filed against the statute. The U.S appeal court ruled that the statute that deprived fathers of their rights to decide against the adoption was not only unconstitutional but it was also seen as sex discrimination.
There are certain instances where parents are allowed to forfeit or deny their consent in a child’s adoption. One of such instance is their nonperformance of their natural obligations also known as abandonment in the care of the kid. The court will only keep the parent and the kids together where the parent continues to show interest in the welfare of the child.
Where an abandonment finding is noted, the parent’s rights can be terminated and the child may be set free for the purpose of adoption even without the consent of the parent. Where severe child neglect or abuse is noted, the rights of the parents may also be severed. There are also statutes that say that any noncustodial parent can’t prevent an adoption but the parent should be heard when the court is trying to determine if the adoption should take place. In case a kid is under an agency, the consent of the agency must be given before an adoption takes place.
Where deception and coercion occurs when the decision to terminate the rights of the parents is being made, the consent of the bath parent can be considered to be invalid.