Adoption is a journey that alters lives, much like giving birth, but where mistakes must be avoided. If you are considering adoption or are encountering legal difficulties, it is crucial to quickly seek the advice of a reputable and experienced legal team to guarantee a seamless process. This blog post will help you gain valuable insights into the rights held by biological parents after adoption.
What Is Adoption?
Adoption is the voluntary termination of parental rights. It is a legal process in which an adult assumes the role of a parent for another individual. Usually, this entails adopting a young person (a minor child) who is not the adoptive parent(s)’ biological child.
Nonetheless, adoption can also occur involuntarily. It can occur when the biological parents have their legal right to parenthood of their child revoked by a court of law against their will.
Minnesota prioritizes the child’s best interests when deciding whether to end an involuntary parental connection, and they consider if there are any compelling grounds to do so. The following are the main reasons for the involuntary termination of parental rights:
- Severe neglect or maltreatment of the child.
- Incapacity brought on by a parent’s alcohol or drug addiction or mental illness.
- Abandonment.
- A conviction for serious offences involving children, including serious criminal acts like sexual assault against the targeted child.
- Conviction of a parent for a felony that justifies incarceration for a period that would be detrimental to the kid
The Rights of Adoptive Parents
Once the adoption is finalized, the kid is regarded as the adoptive parent’s biological child for a variety of reasons, including:
- Responsibility for child support
- Custody obligations and rights
- Rights to inheritance
- Other fundamental legal rights and obligations that parents have, such as choosing the child’s healthcare and educational options
Both private and public organizations offer adoption services in the US. Adoption involves court approval, and each state has its own set of rules and processes that must be followed before the process gets completed.
Content and Other Rights of Biological Parents
Minnesota gives the birth mother and the birth father, if he has proven paternity, primary authority over whether or not their child can be adopted. However, if one or both parents leave the kid, don’t provide for them, or mistreat or neglect them, this right may be taken away from them.
The laws that govern when a birth parent can consent to adoption are set down in Minnesota. Birth mothers typically cannot consent until the child is born, although birth fathers typically can at any time.
The Rights of the Biological Mother
Understanding your rights and obligations as a biological mother is essential before adoption. These rights generally align across states in the US. Here are some important points for a biological mother’s rights in Minnesota:
- Consent to Adoption: Unless mandated by a court of law, you cannot be compelled to give your child up for adoption if you have the capability to fulfill your parental responsibilities.
- Parental Rights: The biological mother has complete parental rights over their child until they voluntarily end those rights through consent for adoption.
- Counseling and Information: Before making any adoption-related decisions, you have a right to counseling and access to detailed information on adoption and any services that may help you along the way.
- Choosing Adoptive Parents: Generally, it is within your rights to participate in selecting the adoptive parents for your child. It could mean looking through the profiles of prospective adoptive parents.
- Right to Change Your Mind Before Consent: In Minnesota, you cannot consent to adoption until at least 72 hours after the child’s birth. This waiting period is intended to provide ample time for the mother to make an informed decision.
- Revocation Period: After giving consent, Minnesota law allows a revocation period of ten calendar days, during which you can change your mind and withdraw consent to the adoption.
The Rights of a Biological Father in Adoption
State law governs the rights of a biological father in the adoption process in Minnesota, and they include:
- Notice of the adoption: If the biological father’s identity and whereabouts are known, he must be notified of the adoption proceedings, allowing him to take part and assert his rights.
- Consent to the adoption: Unless in cases where parental rights have been terminated, or special circumstances apply, the biological father’s permission is normally necessary for adoption in Minnesota.
- Establishment of paternity: To exercise their rights in the adoption procedure, unmarried biological fathers must prove their paternity legally. A court order or voluntarily acknowledging fatherhood is one way to do this.
- Right to contest the adoption: The biological father can contest the adoption if he believes it is not in the child’s best interest or if he seeks custody. Contesting the adoption requires filing a legal petition and presenting supporting evidence.
Regarding selecting the adoptive family, the biological mother and father often make this choice together. However, Minnesota mandates the publication of a public notification if the biological father is absent or cannot be identified. This notification should make anyone claiming to be the child’s biological father aware of the adoption. This notice is often published in a local newspaper’s legal advertising section.
Do You Have the Right to Revoke Consent?
Once a court has granted official approval for the adoption, it cannot be reversed, and the birth parents’ permission is legally binding.
Minnesota imposes a revocation deadline of 10 days, during which they can change their minds and withdraw their consent for any reason. The adoptive family must consent to the revocation of consent, or a judge must rule that it is in the child’s best interests.
Furthermore, if the kid is not adopted by a specified family or within a given period, some states allow the birth parents to choose to reevaluate their decision.
Do You Have the Right to Contact the Child After Adoption?
You will relinquish all parental rights, including custody, visitation, and communication with the child after you place your child for adoption. The adoptive parents will have full decision-making power in these matters.
However, it’s reasonable that the adoptive parents will decide, in the child’s best interests, to keep in touch with the adoptive parents and develop an emotional bond with the child. Such situations could lead to visitation and ongoing contact as the child ages and better understands the situation. In Minnesota, adoptive parents and birth relatives or foster parents have the option to establish a written agreement regarding communication and contact involving an adopted minor. This agreement can outline the level of interaction between the adoptive parents, the adopted child, and the birth relatives or foster parents.
Adoption Types and Visitation
It is crucial to realize that visitation privileges are not certain and that the adoptive parents reserve the right to end them at any time. Nonetheless, you may choose from several types of adoption if you want to keep in touch with your child despite considering adoption.
Confidential Adoption
A closed adoption, usually called a confidential adoption, completely forbids communication and information exchange. In this type of adoption, it is assumed that the biological and adoptive parents have never met, and the adopted child has no contact with their birth parents. Confidential adoption is often referred to as closed adoption.
Open (and Partially Open) Adoption
An open adoption allows the adopted child to develop a relationship with their birth parents. It is a sort of autonomous adoption in which the birth mother and father may have minimal post-adoption contact with the child.
In a partially open adoption, there is limited interaction between the biological parents and the child. Permissible contact typically includes occasional exchanges of letters and photos.
While adoptive parents may permit the biological parents to meet and visit the child throughout their life, a court can overturn such an agreement if it is deemed detrimental to the child’s well-being.
Talk to the Right Adoption Lawyers in Minnesota
Take charge of your family’s future with confidence. Whether you require legal assistance with adoption, child custody, visitation rights, or any other family law matter, our experienced adoption attorneys at Heimerl and Lammers are here to help. Contact us at (612) 294-2200 to schedule a free consultation.
