CONSENT TO ADOPTION BY PARENT vs. TERMINATION OF PARENTAL RIGHTS

Child Protective Services Manual

 3.9.1  PREPARATION FOR RELINQUISHMENT OF PARENTAL RIGHTS

AUTHORITY:  AS 25.23.180 Relinquishment and Termination of Parent and Child Relationships,
AS 25.23.130(c) Effect of Adoption Decree
, AS 47.10.089 Voluntary Relinquishment of Parental
Rights and Responsibilities, 25 U.S.C. 1913 (a) & (c), 1915 (P. L. 95-608, Sec. 103(a)(c), Sec. l05
(a)(c)(d)(e); Indian Child Welfare Act of 1978).AS 47.10.

PURPOSE:  To  provide guidelines for the voluntary relinquishment by a parent.

h. When parents have relinquished their parental rights with the understanding that their child will be adopted by a specific person, the worker will notify them if the proposed placement fails. The requirement to notify the parents applies from the time of the relinquishment until the adoption is finalized, even after termination of parental rights. After receiving notice that the proposed placement has failed, a parent may notify OCS, in writing, of a desire to withdraw the relinquishment. If the parent does not submit such notice to OCS within 30 days of being notified of the failed placement, OCS is not required to have any further contact with the parent. The parent’s request to withdraw the relinquishment is not automatically granted. OCS decides whether to consent to the withdrawal or not, based on the circumstances of the case. Consents for withdrawal must be approved and signed by the Children’s Services Manager.

 3.9.2  CONSENT TO ADOPTION BY PARENT

AUTHORITY:  AS 25.23.060 Execution of Consent; consent as power of attorney, AS 25.23.070
Withdrawal of Consent, AS 47.10.086(b) Reasonable Efforts, 25 U.S.C. 1913 (P. L. 95-608 Indian
Child Welfare Act of 1978).

PURPOSE:  To provide guidelines on the Consent to Adoption by Parent process as an alternative to a relinquishment.

DEFINITION: Consent to adoption by parent(s) is a voluntary agreement signed by the child’s parent in which the parent agrees that adoption is best for the child. The child’s birth parent does not relinquish their rights to the child; instead the parent is able to formally consent to the adoption of their child. The consent to the adoption by the parent is often a thoughtful decision by the parent who feels that the child will benefit from adoption.

b. For ICWA cases, the parents may change their mind and withdraw the consent to adoption anytime before the finalization of the adoption. This must be done through a written notice to the department, or to the court.

 d. In the consent to adopt, the parent will retain residual rights to the child up to the finalization of the adoption. Once the decree for adoption is signed by the court, the birth parent’s rights are terminated at the same time.

e. The decision to consider consent to adoption by parent rather than a relinquishment or termination of parental rights must be based on what is in the best interest of the child. Additionally, the decision to pursue consent to adoption by parent must be discussed by the Permanency Planning Conference team.

 PROCEDURES: 

b. Consent to adoption by a parent can be considered in cases in which there is agreement on the child’s adoptive placement. Any contacts after the adoption between the child and birth parents are at the discretion of the adoptive parents, unless otherwise legally agreed upon between parties.

 d. The OCS will work with the parent(s) and the parent’s attorney to have the parent sign the consent to adoption by parent. The parent must be fully informed that in signing the consent to adopt by parent, the parent is consenting to the permanent adoption of the child with an identified adoptive family. Additionally, the worker will inform the parent that the residual rights to consent to marriage, military enlistment, non-emergency medical care, visitation, and adoption, as well as the residual responsibility of child support continue until the point that the adoption is finalized. The parent must also be fully informed that once the adoption is finalized, the parent’s rights to the child are terminated based on the decree of adoption or birth certificate.

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207