It is a common concept that the birth parents have less to no rights on their child. This is the reason that adoptive parents who are frauds and deceptive take advantage of the birth parents ignorance. But the reality is that the biological parents have every right of their child.
The rights of Birth Parents by Georgia State Law
In order to be aware of different situations; the birth parents must know their right that they have about the process of adoption. They are given these rights by Georgia State Law and no one can take it away from them. According to the state laws of Georgia the birth parents have the below-mentioned rights.
Contacting Adoptive Parents
The contact between the birth and adoptive parents are till the finalization of the adoption. During this time the meetings are taken place in the presence of court or adoption agency. When the adoption process is completed and the child is handed over to the adopted parents; then a few rights are left for the birth parents. Visitation rights are given to the biological parents so that the adoptive parents can understand everything about the child.
There is no going back
Once the birth parents have signed the termination of rights of the child and adoption is decided; the birth mother and father have no right to their child. After this, the birth parents can’t get a majority of the rights. The adoptive parents then become the legal father and mother of the child.
Termination of parental rights
The law is not harsh that it immediately removes all rights of the parents. Parental rights are taken away one by one. The parents can use their rights on the child until the adoption is finalized. Post-adoption the adoptive parents have every legality to restrict the birth parents to visit the child.
What is best for the child?
Why do people put up their child for adoption? There are several reasons but one aspect is common in all the arguments. Everyone is thinking about the welfare of the child. If the child is not being treated well in their parents’ home then the state can put the child in the care of others.
Adoption Lawyers will help birth parents
If the birth parents are having difficulty in understanding their rights in adoption; then they are in need of legal assistance. They can contact any good adoption lawyer in Atlanta to comprehend their rights. A good lawyer will always help the birth parents no matter what the situation is.
Regain Parental rights
There is a clause in the law where the birth parents can reclaim the custody of the child. If there is any sign of fraud and misbehavior with the child; then the adoption is cancelled and the birth parents can regain the custody of the child.
No communication between child and Birthparents
Although this is not the right of the birth parents they must know that the adoptive parents have every right to restrict them from meeting the child. There are serious circumstances when the birth parents become a danger to the child physically and mentally. Only then the adoptive parents can stop the biological parents to meet the child.
What are the visitation rights?
All legal rights of the parents are terminated after every type of adoption. But in an open adoption, the parents and especially the mother has some authority to visit the child. But the closed adoptive child never gets the chance of meeting the parents. The birth parents often choose open adoption over closed.
Kinds of Adoption in Georgia
Every type of adoption has its own right for the birth parents. They must know what are the kinds of adoptions and the rights they have. The privileges they get are different and the relationship they will have with the child and the adoptive parents are distinct.
Circumstances of termination of rights
There are two types of termination of rights; voluntarily and involuntarily. It doesn’t matter whether the termination of the rights is willingly or unwillingly; the circumstances are almost the same. The major categories of factors are physical and psychological abuse to the child, no serious behavior of the parents and other delicate matters.
Legal Consent for adoption
When the parents deliberately give up their child for adoption; they have to give written consent which states that they are revoking their rights of the child. This is important for the adoptive parents to obtain. This only happens in when parents have given up the child voluntarily.
The Involuntary Termination
At times the termination is not intentional by the parents, but in fact, the court takes every right. If the child is being abused in the house, either of the parents is incapable, the parent is convicted or the child is abandoned.
At what time the consent can be taken back or given?
According to the Georgia State Law, the consent can be given to the adoptive parent at any time but only after the birth of the child. In the same way, the consent can be taken back if there is any indication of fraud.