Looking at Adoption Consent

Adoption consent is actually an important topic, because there is a lot being handed over when a birth parent gives up their child to be adopted. By giving up parental rights, you are giving up the right to raise and take care of that child, and allowing someone else to adopt them into their home and family. Because of that, it’s required that a lawyer witness and 2 other witnesses be present when papers are being signed for adoption outcomes.

The Court Case in Question

A recent court case (August of 2014) certified a family court’s choice not to end a birth mother’s parental rights in light of the fact that the birth mother was not in a place to provide consent at the time that the papers were being signed. Since not one or the other witness saw any of the discussion with the birth mother in regards to the adoption papers and the lawyer witness was clearly not present when the birth mother signed it, the Court of Appeals attested the family court’s determination that the Respondent couldn’t continue with the requested adoption, and that the birth mother still had a right to the child that they had birthed. Even though a case like this should not always result in this sort of action, in this particular case, the concern of the court was warranted and the birth mother was given her parental rights back.

So Why Was This the Outcome?

The motivations behind the necessities that are listed in 63-9-340 are to ensure that normal, everyday people comprehend the implications of what they are doing when they give up their parental rights. This is a really big deal. Given the gravity of this surrender, it is essential that birth parents comprehend what they are consenting to. In this particular case, it’s not evident that anybody really clarified to the birth mother what she was doing in consenting to surrender her parental rights. Given that condition, she had not truly surrendered these rights because she didn’t actually know what was going on.

So, in this case, the adoption would not go through. But that isn’t always the case – the circumstances will always change and they will vary based on what is actually going on in the situation and the state that the birth parent(s) reside in, because adoption laws do vary slightly based on the state that you live in.

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