How are a biological father's parental rights terminated upon adoption?

Full question:

I am a sixteen-year-old living in California. I was adopted ten years ago and have been living with my adoptive parents ever since. I have not been able to accept my father and I do not get along with him. I would like to know how a biological father’s parental rights are terminated upon adoption?

  • Category: Adoption
  • Date:
  • State: California

Answer:

In California, when a child is adopted, the court must terminate the parental rights of the birth mother and any biological father. This termination can happen in two ways: by law when the birth parent signs a relinquishment or consent, or through judicial action.

According to California Family Code § 7665, if the court cannot identify the biological father or if no one claims to be the biological father with custodial rights, the court will issue an order to terminate the parental rights of the unknown biological father regarding the child.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If an adoptive parent no longer wants to care for an adopted child, they cannot simply give the child back. Instead, they may need to seek legal advice and consider options such as voluntary relinquishment of parental rights, which requires court approval. The court will assess the situation to ensure it is in the child's best interests before making any decisions. It's important to understand that terminating parental rights is a serious legal process.