Can you put your child up for adoption at any age? While custody (or guardianship) may be given to someone else, in a situation where the child’s parents are unable to care for the child, voluntarily giving away an older child may be legally challenging.
TL; DR: No, Not Really
The answer depends on what exactly you mean by “putting your child up for adoption.” Generally speaking, children over the age of four are not able to be placed up for adoption in the traditional sense where you’d work with an adoption agency to find adoptive parents for the child. However, step-parents or relatives such as aunts and uncles could adopt your child or obtain a guardianship over the child—more on this later. If you do not want to be involved in your child’s life, but the child’s other biological parent has a partner who is willing adopt that child on your behalf, you can allow the step parent to adopt the child in conjunction with you relinquishing your rights. However, it should be known that once you do this, it’s not possible to “undo” it.
Refusal to Assume Parental Rights
You may have seen content online talking about “refusal to assume parental rights”. Although it may sound like you can just sign your child over to the state, that is not necessarily how the process works. You cannot just drive up to DCFS and tell them you’d like to relinquish your parental rights and obligations.
When Does DCFS Remove the Children?
For the state to assume custody of the children, it needs to be shown that it is in the child’s best interests for the state to obtain custody over the children. Separating children from their biological parents is generally a last resort, as it is traumatic and thought to be in the best interests of the child only when there’s a threat of ongoing harm to the child. Parents are typically given multiple chances to correct their behavior before the children are removed from their custody. In order to terminate your rights to a child, you’d need to prove that it is in the best interest of the child to be removed from your custody because you cannot care for them—not simply because you do not want to care for them.
Temporary Guardianship
Sometimes, parents want to give their child up for adoption because they’re battling issues such as substance addiction and are concerned that they will not be able to adequately care for the child. If you are in this position, a temporary guardianship may be a better option than relinquishing parental rights. Unlike relinquishing parental rights, temporary guardianship can be removed and your rights as a parent can be restored. If you are battling substance addiction, for example, and want to give a family member custody of the child while you complete treatment, you can do this without permanently terminating your rights to your child. However, this does not mean that you can hand the children over to a relative and then show up six months later and demand to get the child back. You will need to file a motion to terminate the guardianship.
Can I Just Leave Them Somewhere Safe?
You may have heard that people can leave babies at firefighter stations, churches, or hospitals with no questions asked—but is that true? Kind of—it depends on a lot of things. They’re called “safe haven laws” and all states have them. But the laws still vary from state to state. For example, the age limits on when you can surrender a newborn vary from state to state. In some states it’s 30 days, in others it’s 45 days. Furthermore, each state has its own safe haven guidelines. So, in some states, churches may be safe havens, while others may not. If your child is above your state’s age range for the safe haven laws, you cannot just leave them somewhere safe. If you do this, you could potentially be charged with a crime such as child endangerment.
You Are Responsible for Children You Create
You are responsible for making decisions about the children you create, and that may mean making decisions about the baby’s living arrangements, ideally as soon as you possibly can. If you have concerns about your ability to provide for your child, it’s important to speak with a family law attorney regarding your options. Discussing your options with an attorney can help you get advice that’s tailored to your situation, and it can help you understand the repercussions of the options. If you have questions about making arrangements for your child, contact CoilLaw today to set up your initial consultation.
