Nevada Parental Rights Laws
Adoption Lawyer On Adoptive and Birth Parents’ Rights
The adoption process can be different for everyone, including birth and adoptive parents. Although the end goal is to provide the best opportunities for the child, there can be legal complications and frustrations along the way. For those considering adoption, it is important to understand Nevada parental rights laws. Common issues families face include when or if to terminate parental rights of the birth parents, as well as how to handle visitation rights in an open adoption. However, an experienced lawyer can prepare you for these challenges and offer advice when you need it.
Reno adoption lawyer Eric A. Stovall has years of experience with Nevada laws, and he has guided many families through the adoption process. If you need help with an adoption issue, he can provide knowledgeable, compassionate advice and representation. He has offices in Reno as well as Las Vegas, and serves clients throughout Nevada.
What are the Birth Parents’ Rights in Nevada Adoptions?
Birth Parents have a right to parent their child if they choose to do so. Nevada parental rights laws include specific rules and regulations for consents to adoptions, for terminating parental rights and for the adoption process.
First, the birth mother must give consent for a child’s adoption, except in special circumstances. However, she cannot consent until 72 hours after the child’s birth. This allows her to consider all options and decide whether adoption is truly the best course. On the other hand, a birth father, who is not married to the birth mother, may grant consent before the delivery of the child. A birth father has the right to object to the adoption if he has proof he is the biological father and demonstrates his intent to parent the child. A DNA test proves paternity, while a birth father may demonstrate his commitment to raising the child in a variety of ways.
If the birth parents sign consents to the adoption, the consents are irrevocable. However, one or both birth parents may obtain some rights if a post adoption contact agreement (PACA) was part of the adoption plan. This kind of written agreement may provide the birth parents with rights to visitation and/or ongoing information about the child. A PACA can include many different stipulations, depending on the wishes of everyone involved.
Second, once the birth parents either voluntarily relinquish parental rights or the court action terminates their rights, the adoptive parents must finalize the adoption. The finalization is a court action where the child is legally and permanently made the child of the adoptive parents. You may complete the process in a Nevada court action. The adoptive parents may attend the hearing telephonically and not have to travel to Nevada for the adoption hearing.
What are the Adoptive Parents’ Rights in Nevada?
Through the adoption process, all family ties between the child and the birth parent(s) legally end. The adoptive parents assume full parental rights and duties for the child. Even if a post adoption contact agreement exists, the adoptive parents’ rights are the same.
A PACA is legally binding, so the adoptive parents should abide by the terms of the agreement, which can include sending the birth parents pictures and updates or allowing visits. Still, even if the adoptive parents do not honor this agreement, it is not grounds for the courts to revoke the adoption. The adoptive and/or birth parents may also request changes to the PACA or even its dissolution if it is in the best interests of the child. The PACA may not be expanded beyond its original terms by a court.
Not all adoption cases are simple and straightforward. In particular, relative adoptions often come with additional questions about parental rights, including when terminating these rights is the best option. However, an adoption lawyer can explain Nevada law and help you make the right decision for your family.
Questions on Nevada Parental Rights Laws? Call Our Lawyer Today
Nevada adoption laws protect the best interests of the child or children involved. As a result, the adoption process can sometimes be difficult or complicated for birth parents and adoptive parents alike. Adoption lawyer Eric Stovall has experience helping families resolve any issues they may encounter during adoption.
Whether you need legal assistance with a PACA or want information about your rights under Nevada adoption law, we can help. Contact us online or call our law offices in Reno or Las Vegas today.