Placing a child up for adoption and deciding to adopt are two decisions that take a lot of care and consideration. In the case of adopters, adopting a child or children is meant to be a permanent thing. As a potential adopter, you may find yourself asking what are the biological parents rights after adoption in Ohio?
This is a valid question that has an answer. First, let us take a look at what biological parents must do to place their child for adoption. This comes in the form of terminating rights, either voluntarily or involuntarily.
Voluntary and Involuntary Termination
Consenting to place their child up for adoption is a step biological parents take the steps to give up their parental rights on their terms and place the child for adoption. Biological parents might already have potential adopters in mind or may be working with an agency. Voluntarily giving a child up for adoption can occur for any number of reasons; no two set of parents will have the same reason.
Involuntary termination happens when the state intervenes. They want to see the best for the child and the biological parents’ rights may be terminated due to neglect, abuse, or other reasons such as abandonment that might leave the child’s welfare, health, and safety might be at risk. Involuntary termination of rights will always be in the best interest of the child’s wellbeing.
Adoption and Biological Parents
So what does adoption mean for the biological parents? First and foremost, an adoption means that the biological parents’ legal ties and rights to the child or children are gone. A biological parent’s rights will shift once an adoption is finalized and a parent who consents to putting a child up for adoption in Ohio should consider that consent to be completely permanent.
Once a child is adopted, a biological parent will lose the right to physical custody of the child and they will no longer be able to make legal decisions related to that child.
With that in mind, in rare cases, biological parents may try to revoke consent. Both or one of the biological parents can change their mind about placing a child up for adoption in the cases of voluntary termination. But once consent has been given, the adoption can continue unless any of the following is found to be true:
- The biological parents gave consent due to coercion or fraud
- The state dictates a period in which the biological parents can revoke their consent
- A state investigation finds revocation to be in the child’s best interest
- Both biological and adoptive parents agree to the revocation
If a case is found to have been carried out under fraud or coercion, there is the possibility that consent can be revoked. There are certain deadlines that will fall into place where a parent is unable to revoke their consent though, meaning that timing in these cases is important.
Can A Biological Parent Regain Custody After Adoption?
In most cases, the answer is no. Outside of extreme circumstances like fraudulent or coerced termination of rights, adoption is a permanent end to biological parental rights.
In case a birth father did not consent or was not aware of the pregnancy, they may contest a potential adoption case in Ohio.
Contact an Ohio Adoption Lawyer to Discuss Your Options
If you’re interested in adopting or considering placing a child up for adoption and you’re concerned about biological parents’ rights after adoption in Ohio, it is time to contact an adoption attorney. You will be able to explore all available options in relation to adoption. Contact Abbie Obenour with the Obenour Legal Group to set up a consultation and to look at your potential steps forward with adoption with an experience family law and adoption attorney.