NCJ Number
168525
Journal
Journal of Juvenile Law Volume: 17 Dated: (1996) Pages: 82-93
Date Published
1996
Length
12 pages
Annotation
This comment discusses types of adoptions which require involuntary termination of parental rights.
Abstract
Termination of parental rights involves three sets of interests: the birth-parents have an interest in exercising control over what happens to their children; the State has an interest in seeing that its children are cared for adequately; and the children have an interest in seeing that their own needs are met. Questions arise as to the preeminence of these interests. The comment discusses identifying and defining parental rights, the nature of these rights, and determining how these rights interact with state interests and the best interests of the child in cases of involuntary termination of parental rights for purposes of adoption, with citations from relevant cases. Any constitutional protection afforded parental rights appears to be conditional upon some standard of action by the one claiming it. This being the case, it makes little sense to prefer the interests of parents over those of children. Even in cases where unfit parents will be able to make changes that will qualify them as fit in the eyes of the courts, if such transformation will take more than a few months, parental rights should be terminated in favor of possible adoption. Notes