How are the rights of a biological parent voluntarily terminated?
• Private (Independent) Placements and Placements through Private Adoption Agencies As briefly noted above, virtually all relinquishments by biological parents in private adoptions and adoptions through private adoption agencies are voluntary. In New York, a parent cannot sign either a consent (to a private adoption) or a surrender (to an agency adoption) until the after the child is born. If the birth mother places her child with an adoption agency in New York, she may sign an out–of–court surrender, which she may revoke within 30 days. It is important to keep in mind that some private adoption agencies may return the child to the mother if she changes her mind within the 30–day time period, unless she poses a grave danger to the child. Other agencies will require the birth mother to show that it is in the child’s “best interests” to be returned to her, even if she changes her mind within the 30–day time period. If the agency challenges the mother’s revocation, a best interests hearin
Related Questions
- Does the biological parent have to have his/her parental rights terminated before I can file a petition to adopt the child?
- Can the biological father’s parental rights be terminated even where his paternity has not been proved?
- Can a birth parent’s rights be terminated if an adoption by another individual is not contemplated?
