Adoption is a life-changing experience for all of the parties involved, and its complexity should be navigated with care. At Digby Family Law, we are committed to helping families through this process with empathy and expertise. Keep reading for insight on proceeding with an adoption and how our attorneys can help.
Legal Components of Adoption
There are two main components of the adoption process, the first being the termination of parental rights. Whether the termination of rights is voluntary or involuntary and how these rights are terminated will determine how the case progresses.
- Voluntary Termination: A birth parent may willingly terminate his or her rights to a child via a consent, surrender, or waiver of interest, thus providing those rights to the prospective adoptive parents.
- Involuntary Termination: Involuntary termination requires specific grounds or reasons why a birth parent’s rights should be terminated. The Tennessee adoption statutes contain specific grounds that must be proven by clear and convincing evidence to terminate parental rights. You may either terminate both biological parents’ rights or only one parent’s parental rights so that a stepparent may adopt. An important note is that if one of the biological parents wishes for their new partner to adopt, they must be married for the stepparent to have legal standing.
- Best Interests of the Child: Even if termination grounds are proven, the court will then need to review specific factors outlined by the Tennessee adoption statutes to determine if termination is in the best interests of the child. It is important to keep in mind that even if a ground for termination is proven, if the court determines that termination is not in the best interests of the child then the termination cannot be granted and an adoption cannot follow.
Upon termination of parental rights, the court will review the facts of the case and determine if the prospective adoptive parents are fit to assume care of the child and if it is in the child’s best interests to be placed with the prospective adoptive parents. The adoption itself is the second phase of the process.
An adoption may be considered “open” or “closed.
- Open Adoptions: Open adoptions allow for communication between birth parents, adoptive parents, and the adopted child. Terms of communication can be established informally between both sets of parents, or through a Post Adoption Contact Agreement (PACA) which is often an enforceable contract that may be modified depending on the child’s needs. Open adoptions range widely, varying from a child simply knowing he or she is adopted to contact with the birth parent which may include gifts, notes, conversations, and formal visitations.
- Closed Adoptions: A traditional closed adoption is when a child has no knowledge that he or she is adopted, a situation that may have adverse emotional and psychological effects if the child finds out later in life about the adoption. A more conventional approach to a closed adoption is a situation in which the child knows that he or she is adopted but does not have information about his or her biological parents until later in life, if at all.
Variable Factors in Adoption
Adoption is a process that carries many emotions, as a child’s life is changed through the process. For parents considering adoption, we encourage you to recognize that each adoption varies in complexity, cost, and length.
- Adoption Timelines: Every adoption is very different, so it is wise to move forward knowing that timelines vary greatly case by case. Typically, agreed adoptions, in which both birth and adopting parents are on board, will move more quickly than contested adoptions, where a birth parent’s rights are being involuntarily terminated. While parents should understand that these legal processes are intricate and take time, the Adoption Code does state that adoption should be expedited and given more priority over other types of civil litigation to promote stability for a child.
- Covering Costs: The range of costs can vary drastically depending on the type of adoption, how contested the adoption is, and the age of the child at the time of adoption. There are limits to what prospective adoptive parents are permitted to pay for prior to an adoption, so we urge you to consult with an attorney before making any payments to a birth parent.
We have experience working with parties on both sides of adoptions and are passionate about the impact we make on each person involved in the adoption process. We are happy to help create stability and bright futures for the families and children that we work with. If you have any further questions about a Tennessee adoption with Digby Family Law, please reach out to us through our website or give us a call at (615) 997-3741. We look forward to learning more about your situation and guiding you through the adoption process.