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 TerminationWhen the agency assists the birth parent(s), there is a judicial termination of parental rights. An agency case requires a termination of parental rights hearing before a judge. A petition may be filed 72 hours after the birth and is heard by the court as soon as practicable. Assuming that both birth parents are before the judge, the judge may terminate the rights of both, and the termination order is a final and unappealable order.
Should the birth father be known but unnamed, the judge will terminate only the birth mothers’ rights or, if the birth mother prefers, the hearing will be held, but no order entered until such time as the rights of the unidentified birth father have expired, 60 days after the birth. This allows the birth mother to begin to process her grief, but retain her rights for those 60 days until the birth fathers rights expire.
Should the birth father be unknown, most courts do not terminate his rights, but the legal effect of the adoption is to terminate all outstanding rights. |