In most cases, it is necessary to obtain consent from biological parents before a child can be placed for adoption. One exception to this need for consent is if the parents’ parental rights have been terminated by the court.
In Tennessee, there is a three-day waiting period following a child’s birth before the parents can give consent for adoption. Parents may revoke the consent within a limited time period. One reason unmarried fathers may want to make sure they have established their paternity rights is that if they do not, they might waive their rights to consent. Unmarried fathers may want to look into what other rights and responsibilities they have concerning paternity.
The process of consenting to adoption generally involves a court appearance or signing notarized paperwork. In some cases, an adoption agency may have custody and must give consent. Parents may get counseling as part of the process.
A parent who is considering giving a child up for adoption or a family member or other person who wishes to adopt may want to consult an attorney. Another case might be one in which a stepparent wants to adopt the other parent’s biological child. An attorney may be able to explain any regulations and recent changes in adoption law and advise people as to how best to proceed given the individual set of circumstances. It is important to the stability of the child’s situation that the legal aspect is carried out correctly to minimize disruption. If a child has been removed from a family member’s home, a grandparent or other relative may also want to consult an attorney about how to go about getting custody of the child so that the child does not enter the foster system.