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Adoptive Parent's Rights and Related Questions by Meghan Jones





Article Author Biography
Adoptive Parent's Rights and Related Questions by
Article Posted: 04/08/2013
Article Views: 82
Articles Written: 575
Word Count: 599
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Adoptive Parent's Rights and Related Questions


 
Law
When someone adopts a child, the rights of the biological parents are transferred to the adoptive parents. This entire process is a legal process. As a result, the adoptive parents gain rights towards the child like the birth parents. This transfer of rights can either be initiated by the biological parents or the state. The laws governing the rights of adoptive parents may vary depending on individual circumstances. This may give rise to many legal questions.

Can adoptive parents give up parental rights over a child?
When deciding over issues like the one mentioned above, the main concern of the court will be the best interest of the child. It may not be easy for an individual to give up his/her parental rights if he/she had opted to be the parent of the child. In such a situation, a guardian ad-litem may be assigned by the court to look after the child. If one is trying to get rid of child support after a divorce, the court may not take away his/her parental rights. If they want to give up their rights, they may have to prove to the court that they cannot look after the child and hence need to terminate the rights.

Can adoptive parental rights be given up to avoid child support in Alaska?
It may not be very easy for an adoptive parent to give up his/her parental rights. According to the courts of Alaska, the other parent may have to petition the court to terminate the rights of the adoptive parent. This would be granted if the court feels that there is a valid reason for the termination. However, sometimes the rights may be terminated if both the parties agree. It may also help to terminate the rights if someone else is ready to take on the role of the parent.

Should an adopted child be included in the will in California?
There is nothing in California state law that obligates someone to include the adopted child in a deceased parent’s will. It is possible to leave out adopted children from the will and pass on the property only to the surviving spouse.

What can someone do if they think that they were pressurized to sign the open adoption papers?
An adoptive parent may be given legal provisions to cancel the adoption if he/she feels that he/she signed the adoption papers under some kind of pressure. However, he/she may have to provide proof that he/she signed the papers under some kind of pressure. They can also petition the court to cancel the adoption and leave the decision to the court. If the parent succeeds in cancelling his/her rights, he/she may not have any say in the child’s life.

Will adoptive parents be charged with neglect if they give up their parental rights?
The adoptive parents are considered to be responsible for the child and act like its parents once the adoption is finalized. The child may not be abandoned in such a scenario. If there are two parents, then one parent may transfer the rights to the other parent. Most of the times the court may decide based on what is in the best interest of the child. Hence, the parent may have to prove to court that living with him/her is not in the child’s best interest.

People may have many questions regarding adoption and their rights as adoptive parents. You may ask a family lawyer if you need any clarifications on your rights as adoptive parents.

Related Articles - adoptive parent, how to become an adoptive parent, becoming an adoptive parent, adoptive parent rights,

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