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What happens if a birth parent objects to adoption after abandonment?

What happens if a birth parent objects to adoption after abandonment?

Full question:

I have initiated the process for adopting a five year old boy. He has no father and his mother left him in an orphanage soon after birth and moved to another state. Now she has come back and is objecting to the adoption? How will this affect the adoption?

Category: Adoption
Date: 04/07/2025
State: California

Answer:

In California, if a birth parent has abandoned their child, their consent is not required for adoption. This means that the mother's objection will not negatively impact your adoption process. According to Cal. Fam. Code § 8606, consent is not necessary in cases where:

The birth parent has been judicially deprived of custody through a court order.
The birth parent has voluntarily surrendered custody in a judicial proceeding.
The birth parent has deserted the child without providing identification.
The birth parent has relinquished the child for adoption.

Since the mother left the child in an orphanage and has not been involved in his life, her return and objection do not affect the adoption.

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

Can an adopted child be given back to biological parents?

In general, once an adoption is finalized, the biological parents lose their legal rights to the child. This means they cannot reclaim the child unless there are exceptional circumstances, such as proving that the adoption was obtained through fraud. In most cases, the adoptive parents have full custody and control over the child. However, laws can vary by state, so it's important to consult with a legal expert in your area for specific guidance.

How does kinship adoption work?

Kinship adoption occurs when a relative adopts a child, often to keep the child within the family. The process typically involves a legal proceeding where the relative must demonstrate their ability to provide a stable home. Consent from the biological parents may be required unless they have lost their parental rights. Kinship adoption can help maintain family ties while ensuring the child's welfare. Each state has specific laws governing kinship adoption, so it's advisable to seek legal advice tailored to your situation.

Can only one parent put a child up for adoption?

Yes, in many cases, one parent can put a child up for adoption if they have sole legal custody or if the other parent has lost their parental rights. However, if both parents have legal rights, consent from both is typically required. If one parent is absent or has abandoned the child, the adopting parent may be able to proceed without their consent. State laws vary, so consulting a legal professional is recommended for specific situations.

Can a man adopt a child with no father on birth certificate?

Yes, a man can adopt a child even if there is no father listed on the birth certificate. The adoption process may require demonstrating that the biological father has either consented to the adoption or has lost his parental rights. If the biological father is unknown or has abandoned the child, the adoption may proceed without his consent. Each state has its own laws regarding adoption, so it's best to consult with an attorney for guidance.

What are the rules for adoption in NC?

In North Carolina, adoption rules require that the biological parents' rights be terminated before an adoption can take place. This can happen through consent or a court order. Prospective adoptive parents must also meet certain eligibility requirements, such as being at least 18 years old. The process involves filing a petition with the court and undergoing a home study. It's important to consult with a legal expert to navigate the specific requirements and procedures in North Carolina.

Can a single parent put a child up for adoption?

Yes, a single parent can put a child up for adoption. The process typically involves obtaining consent from the biological parent if they have legal rights. If the other parent is absent or has abandoned the child, the single parent may proceed without their consent. The adoption process requires legal steps, including filing a petition and possibly a home study. It's advisable to seek legal guidance to ensure compliance with state laws and to understand the implications of adoption.

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