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What is the Termination of Parental Rights Hearing?
This is a private court hearing in which Birth Parents state in front of a judge that they request to terminate their parental rights to the child in order to place him or her for adoption. The hearing is very important and legally necessary for adoption to occur. Once you have had your termination of parental rights hearing and the court has accepted your voluntary consent, you no longer have legal rights your child and the child becomes free for adoption.
After the baby is born, the Adoptions of Wisconsin's attorney or your attorney will petition the court for the hearing. When the petition is received by the court a hearing will be scheduled. This hearing cannot be any later than thirty days after the petition has been filed with the court unless there is good cause to extend it beyond this time. Within these thirty days, or before the court hearing, you continue to hold all of your legal rights to your child, including your right to parent.
This time period is very important for the Birth Parents; it allows time to review all options and make sure that an adoption plan continues to be the right choice. During this time, Birth Parents have the choice to decide where the child will stay.
During the period before the hearing, Birth Parents are still the only legal parents to the child and therefore may see the baby at anytime while the child 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 hearing. This option can be emotionally difficult as it may be increasingly difficult to separate from the child as attachment grows. The Birth Parent's social worker will help create a hospital and after care plan that works best for her. This plan will be conintually reviewed both before and after the birth to see if any changes are needed.
Present at the hearing are a Guardian ad Litem (GAL) who is an attorney representing the needs of the child being placed for adoption. If a Birth Parent is under 18, they will also have a GAL to represent them. There will also be a presiding judge (who makes the final decision), AOW's attorney and the social worker that the Birth Parent(s) have been working with throughout the adoption process. The Birth Parent(s) families or any other support people they request may also be allowed in the private courtroom.
It is the judge's repsonsibility to make sure that birth parents realize the finality of their decision to terminate their parental rights. Most judges will ask the Birth 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 accept the petition to terminate the parents' rights.
Termination of Parental Rights hearings can be a difficult part of the adoption experience. The judge may ask personal questions. Your social worker will assist you in understanding the questions that will most likely be asked of you. The social worker will also write a report to the judge before the hearing to provide an introduction to you and to your adoption plan. Your social worker will also be present at the hearing and often will provide counseling to you both before and after. You can also choose to have the Prospective Adoptive Parents and the baby present at the hearing for support. This is a private hearing and is not open to the public. Anyone attending the hearing, outside of the necessary parties, requires the your permission to be there .
