Termination of parental rights can be involuntary or voluntary. Involuntary termination can occur in cases of certain felony convictions, long periods of incarceration, severe or chronic abuse or sexual abuse of a child or other children in a household, long term problems with drugs or alcohol, mental illness or deficiency, failure to support a child or abandonment.
Adoption After the Involuntary Termination of Parental Rights
Children who have been removed from a home where parental rights have been involuntarily terminated may have relatives, a foster family or another party who may wish to adopt them. This can be beneficial to the children in terms of financial and emotional support as well as stability.
Voluntary Termination of Parental Rights
Voluntary termination of parental rights usually occurs when parents wish to give their child up for adoption. One or both birth parents must legally consent to the adoption without coercion, threat of force. Most states require consent in writing before a judge with both the biological mother and father (if paternity established) on-board.
Voluntary termination of parental rights is often seen in cases where one parent, sometimes a father, has not established a relationship or supported a child and a step parent wishes to adopt the child as their own. Sometimes it is a minor couple, or an adolescent mother, who wishes to give a baby up for adoption believing it is in the best interests of the child.
Adoption and Termination of Parental Rights in Wisconsin
For those wishing to adopt a child, an adoption can only occur after the termination of parental rights is legally established, whether voluntary or involuntary. The procedures in Wisconsin for adoption and termination of parental rights can be very complex by design so that the best interests of children are served and the rights of parents are protected.
Contact an Experienced Waukesha Adoption Lawyer
If you are considering adoption or terminating your parental rights it is important to contact an experienced Wisconsin adoption attorney to help guide you through the process. Contact Milwaukee and Waukesha adoption lawyer Jane Probst for more insight into pursuing an individual or family adoption or the termination of parental rights. We offer a free, half-hour initial consultation to gain an understanding of your situation, providing you with general feedback so that you can decide the best course of action given your unique circumstances. If you need representation, Jane Probst Law Offices is poised to provide you with experienced and knowledgeable legal assistance in individual, agency and non-agency adoptions.