Whenever the question of adoption arises, the law must examine the rights of both biological parents. There are multiple situations in which an adoption may alter the biological parent’s rights. We will examine some common types of cases.
Stepparent Adoptions
In today’s world of blended families, there are many scenarios in which a stepparent would want to adopt a stepchild.
Illinois does not allow a child to have three legal parents, so there are two ways a stepparent will be able to adopt:
- The biological parent not married to the stepparent consents to the adoption
- The biological parent not married to the stepparent is deemed unfit or unsafe
While a contested adoption can end with the stepparent being able to adopt, it is a much smoother process if the biological parent provides consent. A parent can be found unfit for many reasons, some of which are:
- Neglect of or misconduct towards the child
- Physical or sexual abuse
- Abandonment or desertion
- Failure to contact or visit the child for a year
- Habitual drug or alcohol use
- Conviction of certain crimes
Putting a Child Up for Adoption
When a parent decides to put a baby up for adoption, the adoption will not be approved unless both biological parents’ parental rights have been terminated.
There are two ways to terminate parental rights:
- Voluntary termination
- Involuntary termination
Voluntary Termination
For a voluntary termination of parental rights to be legal, both parents must surrender their rights.
According to the law, a father’s voluntary termination of rights signed prior to the child’s birth may be revoked within 72 hours of a child’s birth.
Involuntary Termination
In Illinois, it is not as simple as petitioning the court for the termination of the parent’s rights. Instead, the parent’s rights can only be taken away through adoption or a juvenile case
If either of these scenarios happens – and the parent is proven to be unfit – then his or her parental rights will be revoked. Some examples of unfitness were itemized above.
Becoming a Single Parent
If your child’s other biological parent wants to put the baby up for adoption, but you do not, then you have rights to your child. You will need to prove your desire to support and take care of your child.
Adoption is messy and can be complicated when the parents can’t agree on what should happen with their child. That’s why you need a lawyer who fights for what your family needs. Contact me to learn more.
