How Long After TPR Can You Adopt (And Why)?

Exact Answer: After 6 – 12 months

In the relationship of parent and child, parents have some major responsibilities and rights to perform. They possess the right to provide good education, decide the future, religion, and other important facts. But, it can be terminated in few cases when a parent violates the law or goes against the law; this ends the parent-child relationship. Even parents have choices to terminate this right.

When a parent makes a crime against the child, the respective judge has the right to end the legal child-parent relationship. Or when there is no alternate ways and parent have to be imprisoned for a longer time, in such cases, children have to proceed for foster care procedure and this can lead to Termination of parental right.

How Long After TPR Can You Adopt?

TPR which is termed as Termination of Parental Rights is the final procedure to be done by the court in the process of adoption. And this process can move forward only after TPR. It is the last step but both parent and child have to undergo lots of hurdles to complete this procedure. When TPR is approved by the higher officials, it generally separates the children from their parents irrespective of other conditions.

Then, the parent has no right upon a child or of custody. They even do not need to support the child financially. Then comes the finalization step, where a child is handled from foster care or from any agency to his/her adoptive parents. After verification of few documents, the adoptive parents become permanent and legal. But this finalization step could not take place until the child is in the home of an adoptive parent at least for 6 months.

This time varies according to the rules and regulations of the respective state. Usually, this termination of parental rights is of two types, known as voluntary and involuntary. Voluntary termination occurs only when parents voluntarily agree to end their rights or when a mother could not take proper care of the child. And involuntary termination occurs only in those cases, where a child wants to end it or when parents are not fit for their child.

When there is no one to take care of the child after TPR, Foster is one such place where a child is sent for a significant period until he/she is adopted. But the respective case should be placed under the federal Adoption and Safe Families Act.  

List Of ActionsTime Taken
Verification process after applying for TPR15-30 days
TPR hearing10 minutes
Revocation Period of the biological parent20 days to 3 months
FinalizationAfter the presence of a child in adoptive parent’s home for 6 months

Why Do It Take That Long To Adopt After TPR?

Though there are many adoption laws in the process of adoption, TPR would be the first legal step for adoption and the final step is the finalization of adoption in court and this usually takes after 6 months of the presence of the child in the home of the adoptive parents.

RECOMMENDED
How Long To Get CCNP After CCNA (And Why)?

Once the child is completely free from his/her biological parent, he is eligible to be adopted and this process takes place only when the child gets a secure and stable family with a good environment which is essential for a child. Even sometimes TPR does not takes place sooner as expected, this is normally a lengthy process. But often this turns out to safeguard for the parents.

Parents may change their decision, and if it is safe for the child, the rights would be taken aback by the biological parent. It prevents them from losing their child due to any error or mistakes. This case cannot be closed or finalized until the revocation period has been completed which ranges for months.

During the period from TPR to finalization, one of the social workers should visit the respective adoptive parent’s home at least once after the TPR. Foster parents play a crucial role in this complete process. Though the higher officials make decisions, it would be correct, if they get the proper and right information.

Foster care or other adoptive agency start to search for new parents once TPR has been completed. But most of the adoptive parent states that it takes even beyond one year to confirm the adoption step after the TPR. And once he/she is adopted, biological parents could not get their child back.

Conclusion

Usually, before making final decisions, judges do few verifications and ask few questions concerning for well-being of children. This hearing takes place only for 10 – 15 minutes. Finally, the judge signs the decree of adoption. Birth parents can have their legal right only until the finalization of the adoption.

However, still, there is a way of reclaiming the custody of their child, by placing proper proof to the court that the decision has taken place only under force or fraud. But in most cases, the court declines the request of regaining the custody once the TPR has been completed.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/touro14&section=16
  2. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/branlaj39&section=48
x
How Long After Passport Expires Can I Renew video

Leave a Comment

en_USEnglish