The term relinquishment, as referred to the adoption process, is also known as “consent to adoption” or “voluntarily termination of parental rights.” This takes place when a birthmother grants approval for her child to legally become the child of another individual or family. Subsequently, after such formality has materialized, the birthmother will no longer remain financially or legally responsible for the child.
As far as unwed birth fathers are concerned, there is no law requiring them to participate in the relinquishment process. Generally, a birth father can only legally retain his right to veto an adoption, however, he is unable to initiate one himself. Therefore, an unwed male who learns he is about to be a father should promptly acknowledge paternity and correspond with and lend support to the birthmother if she is thinking about adoption, especially if he wants to partake in the selection of an individual or family to raise his child.
In the scenario of domestic adoption of an infant, once adoptive parents have signed a placement agreement, which confirms their consent to adopt a particular child, it is likely that child will be temporarily placed with them shortly after the birth, upon discharge from the hospital. The placement process may slightly differ with agencies, as well as each state.
After the initial limited period of placement with the adoptive parents, normally there is a supervised stretch of time, consisting anywhere between two to six months where the new found family receives a few corollary visits by the social worker assigned to their case to ascertain the status of everything and everyone. During the course of this supervisory period, the adoption is still not determined as final. Hence, it is possible, if desired, for either the birth parent(s), including the birth father if he is involved, or the adoptive parents to reconsider their decision. Kansas law, however, does not require supervision after placement, Agency Licensing Regulations encourage two post placement visits prior to finalization of the adoption process.
The final stage of adoption will not occur until the birthmother officially signs a voluntary waiver of parental rights/petition. In most states, there is a set rule governing the earliest time that the birthmother can sign these papers. The state of Kansas gives mothers 12 hours after birth before they may sign an irrevocable consent. It is irrevocable upon execution, unless the birthmother can show by clear and convincing evidence that it was not freely and voluntarily given; the burden of proof is hers to establish. In most cases, typically signing occurs in the hospital or in the weeks following the birth. No state imposes a deadline on the birthmother to sign the waiver, so the process can sometimes take a long while, depending on how certain the birthmother is that she wishes to go forward with the adoption.
The last legal step with domestic adoption is a court session finalizing the process. This is usually a very brief court appearance, which only takes about 15 minutes, and does not demand that the birthmother or father attend. The parties required to be in attendance typically includes the judge, adoptive individual or family, lawyer, and sometimes the social worker assigned to the case. The adoptive parents are required to take the stand and attest to the date of their marriage (if applicable), the child’s birth date and the date of the adoption placement. The judge will then ask the adoptive parents to confirm that they are knowledgeable and aware of the legal ramifications of consenting to the adoption. After this has taken place, the judge will formally sign off on the adoption decree, thereby finalizing the adoption process. Several weeks thereafter, the court will issue a “Delayed Certificate of Birth” which establishes the adopted child’s new legal name and adoptive parents.
If you live in the state of Kansas and have questions or concerns regarding the legal rights of you or other parties involved in an adoption, call McDowell Chartered legal services at 316-269-0746 for more information today. Our firm of experienced adoption attorneys can assist you with all aspects of the adoption process, and make sure you receive the outcome you deserve!
