Alabama adoption law does not provide for termination of parental rights by operation of law where birthparents give their written consent to adopt, even if that consent is taken before a probate judge or family court judge. A recent Kentucky case demonstrates the need for state statutes that provide for termination of parental rights upon birthparents' consent to adoption taken before a judge. Birthparents and adoptive parents are entitled to know that what they want done cannot be undone later, thus making the child a "football" in a legal battle.
An excerpt of the story, published by the Associated Press, appears below. It was published on September 17, 2000.
"The Kentucky Court of Appeals has ruled that a 3 1/2-year-old boy, whose biological parents are seeking to regain custody of him, should remain with his adoptive parents in Ohio. The boy, Justin, has lived with Cheryl and Richard Asente in their home for more than two years. The couple have also adopted Justin's brother. The boy's biological parents, Regina Moore and Jerry Dorning, of Florence, Ky., signed consent-to-adopt forms but then changed their minds.
"The appeals court ruled that the forms the couple signed made it clear they were relinquishing parental rights and agreeing to give up their child for adoption. The ruling overturned a lower court order that Justin be returned to his birthparents."