Sometimes, a birth parent is unable to raise their biological child/ren and certain situations may make it hard for a biological parent to play a role in their child/ren’s life. Finances, capacity to care for the child/ren, mental wellbeing, or parental age can all contribute to the decision to voluntarily terminate parental rights so that the child/ren can be adopted by somebody else. A general surrender of parental rights means the parent has no say in who their biological child/ren will live with. Alternatively, an identified surrender of custody allows the parent to specifically identify the person they want to adopt the child/ren.
Our trusted family attorneys offer counseling to people considering surrendering custody and could meet with you to understand the details of your situation and help you decide whether terminating your parental rights is the best decision for you and your family. We also represent prospective adoptive parents and assist them in navigating the legal process behind an identified surrender of custody in Saratoga Springs.
As a biological parent completing an identified surrender of custody, you voluntarily give custody to a specific individual who becomes the only person eligible to adopt your child/ren. The surrender of your parental rights is contingent on that identified person adopting your child/ren. Therefore, if a problem arises and they are no longer able to, or interested in, adopting your child/ren, you do not need to surrender custody and you retain your parental rights.
If you decide on an identified custody surrender, you need to complete the required paperwork. The termination of parental rights is permanent, so you need to be sure that it is in the best interests of your child/ren and yourself. Our compassionate Saratoga Springs attorneys understand how traumatic an identified custody surrender can be, and we may be able to ease some of the burden by helping you understand your rights and working hard to protect them.
In a general surrender of custody, a biological parent agrees to terminate their parental rights without knowing what will happen to their child/ren and with no say over where they will go and who will raise them. If you are considering terminating your parental rights, an identified surrender may make it easier for you because you know who will be caring for your child/ren.
You get the chance to learn about and even meet your child/ren’s prospective parent, such as with an open adoption of a newborn, or the prospective parent can be someone you already know, such as a relative or the child/ren’s stepparent. Placing your child/ren with someone familiar can make it less distressing to surrender your parental rights. In addition, with an identified custody surrender, you may be able to negotiate with the prospective adoptive parent for some visitation or other rights, so you can have some involvement in your child/ren’s life.
Our Saratoga Springs legal team may be able to explain the process of surrendering custody of your child/ren to an identified individual so you can determine if it is the right choice for you.
Choosing to voluntarily terminate your parental rights can be a difficult decision. However, if you want to decide who will raise your child/ren, it might be the best option for you, your child/ren, and your family.
Contact us today for a consultation to learn more about the legal processes involved in identified surrender of custody in Saratoga Springs.
Colwell Law
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(518) 462-4242
513 Broadway