What happens in the case of a missing parent or an abandonment?

Adoption laws differ, sometimes greatly, by state, but in general an adoption case involving a missing parent or abandonment is a matter of determining to the court’s satisfaction that abandonment has, in fact, taken place. All reasonable efforts must be made to locate a missing parent, and if the parent is found or his or her location is known, reasonable efforts must be made to prove that he or she has chosen to abandon the child before any adoption proceedings can go forward.

Termination of Parental Rights Based on Abandonment

The key issue in the case of an abandoned child will be termination of parental rights. In a typical adoption situation, the consent of the biological parent or parents must be obtained in order for the adoption to take place. However, if the biological parent is missing and/or has abandoned the child, obtaining his or her consent for an adoption may not be possible. In this case, most state laws will have set benchmarks that indicate when a parent is considered to have willfully terminated his or her parental rights. For example, many states say that termination of rights has taken place when the parent has willfully failed to support the child for at least one year. After that time, the child may be adopted without necessarily requiring the consent of a biological parent.

The term “abandonment” also varies somewhat according to the state or situation, but in most cases it refers to a parent who has failed to communicate with, or financially support the child for at least a year.

In these cases, legal steps must be taken to officially file on record the fact that the child has been abandoned. After that time, an adoption may go forward without the consent of the parent.

Case Studies: Addressing Custody Issues Involving Missing Parents or Abandonment

Case Study 1: Efforts to Locate the Missing Parent

In a custody dispute, Sarah seeks to adopt a child whose biological father is missing. The court requires all reasonable efforts to locate the missing parent before proceeding with the adoption. Despite exhaustive searches, the biological father remains untraceable, indicating potential abandonment.

Once the court is satisfied with the diligent search, Sarah can move forward with the adoption process without the consent of the missing parent.

Case Study 2: Proving Willful Abandonment

John and Lisa wish to adopt a child whose biological mother has abandoned the child for over a year without any communication or financial support. In this case, state law defines abandonment as the absence of contact or support for a specific period. John and Lisa work with their attorney to gather evidence of the mother’s willful failure to fulfill her parental responsibilities.

Once the court determines the mother’s abandonment, John and Lisa can proceed with the adoption without her consent.

Case Study 3: Legal Steps for Officially Establishing Abandonment

Michael and Emily are pursuing adoption after the biological parents of the child have shown prolonged absence and lack of support for over a year. Their attorney guides them through the legal process of officially filing evidence to establish the abandonment of the child.

Once the court records the abandonment, Michael and Emily can continue with the adoption proceedings without the consent of the biological parents.

Getting Help

Anyone faced with this type of situation is advised to seek the counsel of a skilled lawyer. State laws can be fairly complex and legal advice is essential to ensure any actions taken fall within proper guidelines, both for the peace of mind of the adoptive parents and the well-being of the child.