Consent to Adoption in Red Bank

The adoption process may seem daunting because it is a function of the legal system. Do not let it hinder your decision to add to your family in a joyful and miraculous way. You may not be a child’s biological parent, but you are giving them life, too. Prolonging the process, the courts must determine after six months in your custody that adoption is the right choice for the child and terminate the parental rights of the biological parents.

Consent is one step toward terminating biological parents’ rights. Tennessee courts uphold the rights of birth parents, who are often represented by attorneys of their own, to understand what they are signing. Consent is more than a parent dashing off a signature on a piece of paper placed before them. If you are adopting a child or considering giving your consent to adoption in Red Bank, a knowledgeable adoption attorney should be by your side.

What Does Consent to Adoption Include in Tennessee?

When biological parents consent to a child’s adoption, they relinquish their rights and responsibilities to the child. Once the adoption is finalized, the child has the legal status of the adoptive parents’ biological child, including inheritance rights and new lineage. The courts will issue the child a new birth certificate naming the adoptive parents as the legal parents. Consent is security that the birth parents are making a permanent choice about their parental status and cannot later change their minds.

Valid consent is voluntary and requires birth parents in Red Bank to wait at least 72 hours after the birth before giving consent to an adoption. The window to revoke consent is ten days after signing it, and consent in Tennessee must be signed in a judge’s presence as the court must witness the act. Consult a local legal professional to discuss the ramifications consent has on birth and adoptive parents’ rights.

Who Must Consent to Adoption?

The biological parents are the most apparent parties that must consent to an adoption in Red Bank. If the parents are not married, paternity may need to be established before consent is valid. If the child is a ward of the state because the parents are not in the picture, or if parental rights have been previously terminated legally for neglect or abandonment, an appointed guardian or child welfare agency that has custody may stand in to give consent. In Tennessee, if the child being adopted is at least 14 years old, the child must also consent. Tennessee also requires consent from any adult being adopted. A seasoned lawyer in Red Bank understands the importance of consent and can explain why it is crucial to the adoption process.

Circumstances When Parental Consent May Not Be Required

Some situations allow an adoption to proceed without the biological parents’ consent. But the circumstances require a thorough knowledge of the adoption process and should only be undertaken with a family law attorney advocating for the best outcome for the child. Parental consent may not be required if:

  • The courts previously issued a court order to terminate parental rights
  • If parents previously surrendered parental rights
  • If a biological father not named on the child’s birth certificate and not married to the mother signs a Waiver of Interest
  • If a legal father (but not the biological father) signs a Denial of Paternity
  • If parental rights are terminated via a lawsuit by the adoptive parents or the court-appointed Guardian ad Litem

All these circumstances can harbor emotional land mines that can undermine the adoption process if both sides decide to become involved in fighting to retain or gain legal rights to the child. Consent should be airtight and follow Tennessee state laws to give all parties peace of mind that the child’s welfare comes first.

A Red Bank Attorney Could Assist with Adoption Consent

Relinquishing or adopting a child are two emotional sides of one goal: Biological and adoptive parents know all children are worthy of living in a stable, happy home as part of a family. Our attorneys are dedicated to making that happen by assisting you throughout the entire adoption process.

You may be unable to keep your biological child but realize adoption is in their best interest, or you may be ready to add to your family in a loving way. Do not let the legal process dissuade you. Let an experienced lawyer guide you through a consent to adoption in Red Bank. Call now.

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