This section includes resources for legal issues that professionals, expectant parents, and birth relatives might encounter during their adoption journey. Topics include concurrent planning, voluntary and involuntary termination of parental rights, relative guardianship, and adoption.
Involuntary termination of parental rights (TPR)
Grounds for Involuntary Termination of Parental Rights
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
Provides an overview of State laws that provide the legal basis for terminating the rights of parents who have been found unfit to parent their children. The circumstances under which the court may find that termination may not serve the child's best interests and under which a parent's rights may be reinstated also are addressed.
Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
This factsheet discusses laws that require child welfare agencies to make reasonable efforts to provide services that will help families remedy the conditions that brought the child and family into the child welfare system. The issues examined include what constitutes reasonable efforts, when reasonable efforts are required to be made, and the circumstances under which reasonable efforts to reunify the family are not required. Summaries of laws for all States and U.S. territories are included.
Termination of Parental Rights (TPR)
Education for Justice (2017)
Explains the steps involved in terminating parental rights for parents involved in the child welfare system. This resource outlines legal reasons for termination and answers commonly asked questions.
Voluntary adoption planning
Consent to Adoption
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2021
Presents an overview of State statutes regarding the proper execution of consent when a child is placed for adoption. Consent refers to the agreement by a parent, or a person or agency acting in place of a parent, to relinquish a child for adoption and release all rights and duties with respect to that child. The topics covered include the persons who must consent to a child's adoption, the child's consent to his or her adoption, timeframes for consent, and guidelines for revocation of consent.
The Rights of Unmarried Parents
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2022
Provides an overview of State laws related to the rights of unmarried parents and the methods by which a person may establish a legal parent-child relationship with their child. The circumstances in which a person may be presumed to be the other parent of a child, the use of parentage registries, the use of genetic tests to establish parentage, and the right of rescission of parentage claims are discussed.
Who May Adopt, Be Adopted, or Place a Child for Adoption?
Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
Year Published
2020
Summarizes State laws regarding eligibility for becoming an adoptive parent (in terms of marital status, age, residency, and more), eligibility for being adopted as a child or adult, and authority to place a child for adoption.