Can an adoption be done without the biological mother’s consent if she has abandoned the child? If a mother abandons her child, then it is likely that the Alabama Department of Human Resources will be involved in determining the child’s custody.
The Alabama department of human resources deals with a number of different issues such as: Jefferson County adoption, adult protective services, baby box initiative, Chafee Education and training voucher program, child care services, child support payment and enforcement, family coaches program, foster care, family assistance, and transitional child care. Generally the department of human resources may become involved in any family matter where there is an issue. Child abandonment is definitely an issue that the department of human resources would become involved in.
In the case of a mother abandoning her child, the department of human resources will send a social worker to the home. The social worker will then be responsible for checking to see if the father is still in the home and taking care of the child. If there is no other family member that is currently taking care of the child, then the child will be placed in custody of the department of human resources. Once the child has been removed from the home, the department of human resources will then be in charge of placing the child in a new home whether that be through adoption, foster care or some other form of transitional child care.
Once the mother’s parental rights have been terminated, she will have no right to visitation or any other rights to care for the child. However, a mother could voluntarily give up her parental rights not by abandoning the child, but rather putting the child up for adoption in Shelby County in hopes that the child will end up in home where the child will be taken care of. This is one way that the child could be adopted by new parents. In contrast, a mother could give up her rights involuntarily if it is found that the child is not being properly cared for. If a mother has abandoned their child, then it is likely that her rights will be taken away from her involuntarily. Abandonment is not always as simple as the mother leaving and not coming back without the child. Child abandonment can also be when a child is neglected, or left alone in an unsafe environment for extended periods of time.
In the event that the child has been taken into custody of the department of human resources, then the mothers consent is not needed in order for the child to be adopted. This is because the mothers parental rights have been involuntarily terminated, therefore she would not have to consent in order for the child to be adopted. However, it is advised to see a local divorce attorney in Walker County, or wherever you reside, to get more information.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!