This is a court hearing in which the birth parents state in front of a judge the request to terminate their parental rights to the child in order to place him/her for adoption. This hearing is very important. Once they have had their TPR hearing and the courts have accepted their relinquishment, the birth parents no longer have any legal rights to the child.

 

After the baby is born, Adoptions of Wisconsin's attorney or the birth parents chosen attorney will petition the court for the TPR hearing. When the petition is received by the court they will schedule a hearing. This hearing cannot be any later then thirty days after the petition has been filed with the court without a good cause. Within these thirty days, or before the court hearing, a mother continues to hold all legal rights to her child.

 

This time period is very important for the prospective birth mother; it allows her time to review all of her options and make sure that adoption plan is the right choice for her and her baby. During this time, the birth parents have the  choice of where their child will stay. Adoptions of Wisconsin can provide short-term pre-adoptive care for the child through a licensed care provider, or  the option of placing the baby directly with the prospective adoptive parents after birth. The birth parents will sign voluntary placement papers before the baby is discharged from the hospital to allow the baby to be released to someone other than the birth parents. The placement decision can be revoked at any time prior to theTPR by requesting in writing for the child to be returned to the birth parents for care. The social worker will encourage them to take their time in deciding this important placement decision.

 

During the time before the TPR  hearing, the birth parents are still legally the parents to the child and  therefore may see the baby at anytime when he/she is in pre-adoptive care. If the birth parents are uncomfortable placing the baby in short-term pre-adoptive care (either with Adoptions of Wisconsin or the Prospective Adoptive parents), they may keep the baby with them and care for him/her until the TPR hearing. This option can be emotionally difficult, as it may be increasingly difficult for them to separate from their child as attachment grows. The social worker will help them create a hospital and after care plan that works best for them. The social worker will review this plan with them after the birth and before they leave the hospital and help them with any necessary changes to their after care plan.

 

At the TPR hearing, there is a Guardian ad Litem (GAL), who is an attorney representing the needs of the child being placed for adoption. If a mother is under 18, she will also have a GAL to represent her. There will also be a presiding judge (who makes the final decision), and the adoption social worker the birth parent(s) have been working with. Their famly, or any support persons they would like, may also be allowed in the courtroom.

 

It is the judge's responsibility to make sure that the birth parents realize the finality of their decision to terminate their parental rights. Most judges will ask a mother to state in her own words what termination means, and why she has chosen to place her child for adoption. At the end of the hearing, the judge will make a decision on whether he/she will acccept the petition to terminate the parents rights.

 

A TPR hearing can be a difficult part of the adoption experience. The judge may ask the birth parent personal questions. The social worker will assist the birth parents in understanding the questions that will most likey be asked of them. Their social worker will also write a report to the judge before the hearing to provide an introduction to them and their plan. Their social worker will also be present at the hearing and often will pick them up and accompany them to provide support. They can also choose to have the prospective adoptive parents and the baby present for the hearing for support. This is a private hearing and is not open to the public so anyone attending, outside of  the necessary parties, requires the birth parents permission to be there.