Breeding & Henry, LLC

Terminating parental rights for adoption

It takes a special individual or pair of individuals to want to raise a child that is not theirs biologically. To invest time and love in a child, and then have it taken away, is devastating. That is why many parents pursuing adoption choose to seek termination of the birth parents' parental rights.

Terminating those rights removes any legal tie to the child and allows the adoptive parents to provide a permanent, stable and loving home. In such instances, there are a few important things to understand about the termination process.

Legal grounds for termination

Tennessee code 36-1-113, termination of parental rights, fully details the legal grounds for which it is possible to seek parental rights termination. Being that parents’ rights to their children are a constitutional right, a party must show that it is in the best interest of the child to revoke those rights. There are several reasons that the courts commonly accept, including:

  •          Abandonment
  •          Sentencing or incarceration for criminal acts
  •          Failure to maintain contact
  •          Abuse or neglect
  •          Lack of support of the child
  •          Long-term alcohol or drug abuse by the parent

If any of these factors exist, an adoptive parent has an opportunity to prove it and possibly gain custody of the child.

Termination process

In some cases, the birth parents may voluntarily relinquish their rights to the child. For instance, a birth mother who gives her child up for adoption after birth may release her rights at the hospital immediately. In the case where it is involuntary, the adoptive parent can file a petition with the court. This petition must include the child’s information, the adoptive parent’s information, and the basis for the parental rights termination. The court will summon all parties and hold an adjudicatory hearing.

As you can see, the rights termination process is quite in depth. It is critical that you understand its full scope so that you may present your best case.

No Comments

Leave a comment
Comment Information
  • Awards And
    Recognition
  • National Board of Trial Advocacy | Established 1977
  • AV | AV Preeminent | Martindale-Hubbell Lawyer Ratings
  • Super Lawyers
  • The National Trial Lawyers | Top 40 Under 40
  • 10 Best 2017 Client Satisfaction | American Institute of Personal Injury Attorneys
  • National Association of Criminal Defense Lawyers | NACDL 1958
Email Our Attorneys

What Is Your Legal Issue? Please call our offices at 865-223-6307 or fill out the form below to arrange a consultation with an experienced attorney.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Knoxville Office
900 South Gay Street
Suite 1950
Knoxville, TN 37902

Toll Free: 866-919-0953
Phone: 865-223-6307
Knoxville Law Office Map

Knoxville Office

New York Office
American Express Tower
200 Vesey Street
24th Floor
New York, NY 10281

Map & Directions

New York Office

Boston Office
90 Canal Street
4th Floor
Boston, MA 02114

Map & Directions

Boston Office

Istanbul Office
Konaklar Mah. Akağaç Sk.
Aksan Binasi No:7 34330
4.Levent Beşiktaş/Istanbul

Map & Directions

Istanbul Office