Termination of Parental Rights for Adoption

Termination of parental rights is done voluntarily or by the court’s order. Termination of parental rights is also the first step in the adoption process.

Voluntary Termination

Voluntary termination is a consensual private adoption. Both the biological and non-biological parents agree to the terms, such as an open or closed adoption. Some choose to include terms for birth, photographs, visitation, updates, and/or a letter for the child to receive at a later date, typically at 18 years old.

After signing the contract, the biological parents execute irrevocable consents to adopt. If the adoption is agreed to prior to the birth the parent cannot sign the consent until 72 hours after birth. If the child is or children are already born the consent is irrevocable immediately. Those considering termination should hire an attorney since the adoption process is a permanent change in parental rights. This means that you cannot change your mind later.

Involuntary Termination

The court can also terminate parental rights without consent of the biological parents. Normally, this type of termination takes place when one or both parents are deemed unfit or have abandoned the child.

This is also a final stage if your child or children have been placed in the custody of the state by the Department of Child Safety (DCS), formerly child Protective services (CPS). If you are faced with a termination and want your child or children back contact Lewis Labadie today.

Although results cannot be guaranteed, it is in your family’s interest to hire a private attorney who is committed to you and not overwhelmed like most court-appointed attorneys.

Frequently Asked Questions

  • Do I have grounds to terminate parental rights?

    Each case is different. It is important to speak to an attorney about the specifics of your case.  In Arizona, there are 11 grounds for termination. The most common reasons are consent, abandonment, neglect, abuse, alcohol/drug use, mental illness, and incarceration.  Also, the Court must find that termination is in the child’s best interest.

  • How long does Termination of Parental Rights take?

    This can vary significantly. If the termination is done by consent, 2-3 months to process. If the matter is contested or the parents are complying with services, it can take years. We have seen a termination case require 3 different trials before it was complete.  A reasonable estimate is 6-12 months.

  • Why is Termination of Parental Rights so complicated?

    The process itself is not more complicated than other areas of law, but it is challenging. This is because the right to parent is constitutionally protected. To protect this right, the parent will be provided with legal counsel, even if he or she or they cannot afford an attorney.

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