Does signing away parental rights in NC mean you get no visitation? What does adoption mean, legally?

Question

my fiance was asked to sign away complete parental rights in exchange for forgiveness of back arrears. If he takes this deal does this mean that he will not be able to see his kids age 14 and 16?

also she has been keeping the kids from him for 6 years, with a domestic violence order.

Answer 1

In the US and other common-law countries, adoption has -- up until now -- meant a total break of the bond between biological (or legal, or former adoptive) parent and the adoptee (a child, usually).

And its replacement by the adoptive parent(s).

There's always been one single exception to that: the adoption by one spouse of the child (biological or adoptive) of the other does not affect the pre-existing relationship between the other spouse and child.

Adoption is solely a matter of law -- in the USA of state law. In some states anybody may adopt anyone else. In a famous Kentucky case (Bedinger v. Graybill's executor http://groups.google.co.uk/group/misc.legal/browse_thread/thread/5cddb940e265ce8f/561b1a9d4e0e7198 ) a man adopted his wife to get round his mother's will, which left all her estate to him only if he had a "child". (That wouldn't work in most -- maybe any -- other states.)

In recent years adoptive children have secured rights, including the right to know their biological ancestors, their genealogy.

Grandparents have acquired rights of visitation that vary by state.

It seems to me that "signing away" rights constitutes abandonment of any right to further contact with a child. You need not, however, sign away all rights. You can get visitation rights outside the adoption process by an agreement endorsed by a family court judge. If your rights are taken away involuntarily, perhaps you can keep visitation rights at least under supervision.

If the child is of the age of reason, then the child's wishes must usually be taken into consideration. That is always the case with children of, say, 14 and above.

This is not the place to get a definitive opinion on NC law. That must come from a NC-licensed attorney or from a children's or family charity.

(You didn't ask, but in a civil-law jurisdiction like Mexico, some of the Caribbean and Continental Europe, there is "plenary" and "simple" adoption. Plenary adoption breaks the bond of child with birth parent. Simple adoption does not. In the USA some states have "equitable adoption" which likewise does not break the bond because it's not a status declared by a court except ex post facto, usually in inheritance disputes.)

Good luck.

Answer 2

1

Answer 3

It does not necessarily mean you give up visitation. However, read carefully just what rights you are signing away. If you give up complete parental rights, then yes you do give up visitation. Adoption means that you are no longer a parent and have no interest in the child, legally, whatsoever. You may not visit the child unless the real parents (you are no longer a real parent) allow you to do so.

Answer 4

Adoption means, for all intents and purposes, that the adoptive parents have full parental rights to the child. A biological parent who signed away parental rights and gave up a child for adoption would have no visitation rights. They would have no more status than any stranger showing up wanting to visit the child.

Answer 5

Signing away your rights in any state means you have no rights to the child or welfare or wellbeing......almost like you never existed.
It's the same with adoption.....but there are 2 types of adoption....closed and open.

Answer 6

You should find an attorney to answer those questions. If you're unable to afford one then you should contact a local legal aid organization. You can find them in the phone book or online.

Answer 7

all that is up to the courts and adoption means to adopt someone outside your family or to take them in

Answer 8

Yes, it does.