In some cases, biological parents will place their child or children for adoption. Sometimes an adoption plan is made during pregnancy, and in other cases, it happens after the birth of the child. In any case, many people ask if a biological parent can regain custody after the adoption of their child or children.
Before answering the question of “Can a biological parent regain custody after adoption?” first, a few important terms must be defined and understood.
Two Types of Termination of Rights
There are two types of termination of parental rights: voluntary and involuntarily. In voluntary termination, the biological parents give up their parental rights and place the child for adoption. Birth Mothers and Birth Fathers choose adoption for many diverse reasons. No two adoptions are the same.
During involuntary termination, the state seeks to perform in the best interest of the child and the biological parents’ rights are legally terminated due to abuse, neglect, or dependency. This could happen for a variety of reasons: the parents are incarcerated, abuse, abandonment or neglect of the child was found, or mental illness or incapacity based on drug use or alcohol use on part of the parent.
What Adoption Means for the Biological Parents
When an adoption happens, the biological parents’ legal ties to the child or children are severed forever. Once a parent has given consent to adoption, it is nearly impossible to revoke that consent. Any parent who gives consent to adoption in Ohio should consider that consent to be permanent. This means that the adopted child has no right to inherit estates after the death of their biological parents death, the biological parents have no legal guardianship duties, responsibilities or rights, including medical decisions, and the original birth certificate is sealed away and a new one is issued.
However, in very rare circumstances, a biological parent may be able to revoke an adoption consent.
In the cases that the adoption was carried out under fraud, duress, or misrepresentation, consent might be able to be revoked. Timing for such an attempted revocation matters greatly, and after a certain deadline no parent can attempt to revoke their consent.
In the care event that a consent is revoked after the fact, this does not mean that the child is automatically placed back in the care of the biological parents, but it could be possible that a biological parent regain custody.
In most cases, no. Absent egregious fraud or other extreme circumstances, adoption is a permanent termination of the birth parents’ parental rights.
But what if the birth father didn’t consent or was not aware of a pregnancy? Issues with putative fathers are often the cause for contested adoption litigation in Ohio. If you are considering an adoption, it is imperative that you work with a competent adoption attorney who can deal with a putative father.
Contact an Ohio Adoption Lawyer to Explore Your Options
If you find yourself asking, “Can a biological parent regain custody after adoption?” then it’s time to contact an adoption attorney in Ohio to explore all options available in adoption. Whether you are considering placing a child for adoption or seeking to expand your family by adoption, having an attorney experienced in family law and adoption will help keep the process on-track and protect your rights during the proceedings. Contact Abbie Obenour with The Obenour Legal Group to schedule a consultation and discuss your possible avenues for adoption with a respected, trusted, and experienced family law and adoption attorney.