Adoption There Are Approximately 120,000

Adoption

There are approximately 120,000 adoptions in the United States each year, many of which are successfully completed (ABA, 1). However, while substantial amounts succeed, nearly twenty percent disrupt before legalization can occur (Groza and Rosenberg, 52). This is due, in part, to the high level of rights retained by the biological parents in adoption cases. This paper will discuss these rights, the court's reasoning for upholding these rights, and the consequences of such rights to adoptive parents. This will show that while adoptive parents do hold some right to their new child, the biological parent's have far more rights during the adoption process, and even following birth.

The area is which many adoptions are disrupted deals with the termination of parental rights (Groza and Rosenberg, 55). Each state has statuses which require the termination of parental rights, or an ending to the legal parent-child relationship between the biological parents and the child. Once consent for this termination has been given, or if parental rights are involuntarily revoked, the child is free to be adopted (National Clearinghouse on Child Abuse and Neglect Information, 1).

In many cases, the mother of the child may sign a consent form prior to the birth of the child. However, such consent is not a binding contract according to federal law (ABA, 4). Even after consent is given following birth, the mother has the right to revoke consent in every state. While state statutes vary on the length of time, the period is between 48 hours to 30 days (ABA, 5).

Furthermore, even if consent is given, and the revocation time has passed, the biological mother can still attempt revocation. In all states, as mentioned, a petition for adoption will not be granted unless a court can verify that the biological parents have relinquished rights. This requirement, however, hinges on the concept of "voluntary and informed" consent (Hollinger, 47). This requirement leaves much room for the biological mother to revoke consent far after the waiting period. If the biological mother can show, truthfully or through falsification, that her consent was given involuntarily, under duress, or without full information, she is able to revoke consent. This vague requirement gives the biological mother much room to negotiate the consent requirement.

The consequences for the adoptive parents can be devastating. In open adoption cases, where the adoptive parents have provided monetary support, physician care, and other necessities to the biological mother, a pre-birth consent is still not binding (ABA, 4). This means the time, money, and effort exerted by the adoptive parents may be for nothing, clearly showing the biological mother's rights to be valued higher than those of the adoptive parents. Even in agency adoptions, the adoptive parents are forced to relinquish the child if the biological parent revokes consent, even if the child has already been placed within the home (ABA, 3).

Additionally, federal law requires a biological father to consent to adoption, if the father is known. In cases where the father is not known, the adoption process may continue without consent (ABA, 4). However, if the biological father was not notified at the time of birth that the child was his, the biological father is allowed to contest the adoption up to six months following the biological mother's consent (ABA, 5). For adoptive parents, this means even a signed and agreed upon waiver of rights from the biological mother does not guarantee a permanent placement.

In recent years, a failure to obtain biological consent from the father has resulted I numerous high profile court cases, in which the biological father obtained custody of the child even after a long period of time. In Illinois, for example, a case came before the court in which a biological mother consented to the termination of her rights. However, the woman did not inform the biological father of her pregnancy. Fifty-seven days following the birth of the child, the biological father contested the adoption. For three years, the courts battled the case and the child remained in the home of the adopted parents throughout (ABA, 6). When the child was three, the courts ruled the adoption was not legal, since the father had not relinquished his rights, and the child was returned to the biological father (ABA, 7). This case shows clearly the emphasis placed on the biological parent's rights, even at the expense of the adoptive parent's rights.

In addition to the right to revoke consent, the biological parents also, in many states, have a right to seal adoption records to ensure privacy. In most cases, non-identifying information is available to adoptive parents and adoptees at age 18 or 21. However, any identifying information is generally withheld. According to the court system, this confidentiality is vital to the adoption process, in that it serves to avoid any psychological confusion that may occur as a result of discovering the identity of biological parents (Hollinger, 51).

The problem, clearly, for adoptive parents, is the lack of information that may be vital to the welfare of the child. In over 10 states, any information about the biological parents is sealed until the child is 18 or older. In some cases, this may present a severe problem for adoptive parents, in that vital health information, such as genetic diseases, mental illnesses, or other forms of health issues may not be available. However, since many of these issues arise before the age of 18, the adoptive parents clearly have a disadvantage.

In addition to consent revocation and anonymity, all but five states also allow the birth parent to assist in the placement of the child. In some states, this merely involves allowing the biological parent to request adoptive parents with similar race, religion, or cultural heritage. In other states, however, biological parents are allowed to make direct placement of the child. The problem, however, is that there is no consistent criteria for the degree of supervision such placements should entail (Hollinger, 48).