Bringing a child into your home through adoption is cause for joy and excitement, but along with it comes some very complex legal paperwork, rules, and regulations. Adoption law can quickly become confusing, even to the legal-minded, which is why working with an experienced and trusted family law attorney who has a focus on adoption is necessary. Some of the most common questions that prospective San Jose adoptive parents have are outlined below.
What Monetary Support Must Be Provided to the Birth Mother?
If you are adopting a yet-to-be-born child, the adoptive mother may request certain things to be paid for in order to sign a termination of parental rights agreement. Typically, requests of medical bills, legal costs, food, and possibly shelter are made by birth mothers. However, there are no laws or rules that mandate certain items or services to be provided. There is, however, a law that strictly prohibits payment to any party for placement of a child or consent for adoption.
How Are Termination of Parental Right Agreements Handled?
In order for the adoptive parents to gain custody of a child or newborn baby, the birth mother must sign a termination of her parental rights, which terminates her rights to custody, visitation, and support and responsibilities over the child’s misconduct, as well the child’s rights to inheritance. If the birth mother does not know where the father is, or the father has not agreed to terminate his parental rights, a petition to terminate his parental rights must be filed, according to the Superior Court of California.
In California, a termination of parental rights contract becomes irrevocable 30 days after signing. Or, if the birth mother waives her right to revoke, itis irrevocable once it is signed. This means that if the birth mother changes her mind after signing an irrevocable document, or after 30 days have passed, she cannot regain custody of her child. The same is true for a biological father.
Can LGBT Couples Adopt?
As far as adoption goes in California, the law works the same for those in the LGBT community as for anyone else. The state of California allows same-sex couples to adopt, as well as single LGBT people to petition to adopt. Similarly, if one of the parties in a same-sex couple has a child, the other party can petition to become an adoptive parent of that child.
A San Jose Family Law Attorney Can Provide the Answers
Whether you are planning to adopt or give your child up for adoption, you need to speak with an experienced lawyer before going any further in order to protect yourself from unpleasant surprises and potential legal issues. Please call one of the dedicated San Jose family lawyers at the law offices of Gemma V. Reyes today.