How does the TPR really happen?

A woman who wants to place her child for adoption needs to sign legal papers petitioning the State to terminate her parental rights. At this point, the courts will schedule a hearing. This hearing cannot be any later than 30 days after the legal papers have been filed with the court. Within these 30 days, or before the court hearing, a mother continues to hold all legal rights to her child.

This time period is very important for a perspective birthmother; it allows her time to review all her options and make sure that an adoption plan is the right choice for her and her baby. During this time, you have the choice of where your child will stay. Adoption Services can provide short-term pre-adoptive care for your child, or you have the option of placing your baby directly with the perspective adoptive parents. During the time before your TPR hearing, since you are still legally the mother, you may see your baby at anytime when they are in pre-adoptive care. If you are uncomfortable placing your baby in short-term pre-adoptive care (either with Adoption Services or the perspective adoptive parents), you may keep the baby with you and care for him/her until the TPR hearing.

At the TPR hearing, there is a Guardian ad Litem (GAL), who is an attorney representing the needs of the child being placed for adoption. If a mother is under 18, she will also have a GAL to represent her. There will also be a presiding Judge (who makes the final decision), and the adoption social worker you have been working with. Your family, or any support persons you would like, may also be allowed in the courtroom.

It is the Judges responsibility to make sure that the birthparents realize the finality of their decision to terminate their parental rights. Most judges will ask a mother to state in her own words what termination means, and why she has chosen to place her child for adoption. At the end of the hearing, the judge will make a decision on whether he/she will accept the petition to terminate the parents' rights.

Many birthmothers have said that the TPR hearing was the most difficult part of their adoption experience. The judge asks you many personal questions, and it takes a lot of courage to make it through this part of the process. Unfortunately, adoption is a legal process and this hearing has to be done. At Adoption Services we strive to prepare all of our birthparents for the TPR experience, to insure they will know what to expect.