Legal Issues of Termination
The birth mother of the child is not allowed to sign voluntary relinquishment papers until 48 hours after the child's birth. The couple typically will begin caring for the child during the hospital stay and may even leave the hospital with the child before the 48 hour period is over. Legal issues of the birth father can be more complicated. The birth father can sign a Waiver of Interest before the baby is born or a Voluntary Relinquishment after the baby is born. If the birth father has not signed and we know where he is, then we can serve him papers letting him know that we are planning to terminate his rights. He has until the first Monday past twenty days of being served to file an answer to the court. If he does not file an answer, then we can proceed with the termination hearing. If he does file an answer, then we decide whether to proceed with trying to involuntarily terminate his rights. If we do not know anything about him or where he is located, then we do a publishing notifying him of the birth in the local paper where the baby was conceived. He has until the first Monday past twenty days of it being published to answer. If he does not answer, then we can proceed with the termination. Every case is different and legal issues are always unique to the case.
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