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ADOPTION & ASSISTED REPRODUCTIVE TECHNOLOGY (ART) ATTORNEYS

    Do Pregnant Minors Have Parental Rights?

    23 March 2023

    Wondering about parental rights?


    When a child under 18 becomes pregnant, it’s often a traumatic experience. There are many difficult decisions. Depending on the maturity of the child and level of social support, it may be appropriate to explore putting the baby up for adoption or ending the pregnancy.


    Concerned About Minors’ Parental Rights? There Are Few Easy Answers

    Parental rights accorded to minors vary by state. In most states, the minor’s parents must be involved in any decision to terminate a pregnancy. On the other hand, even in states where this is the case, a minor is often considered to be the main or sole authority on decisions involving the newborn’s welfare.


    States vary considerably in their approach, and even two states that sit side by side may have totally different laws. This being the case, it is easiest to understand minors’ parental rights by looking at the major questions they often face.

    Let’s review some basics in Maryland, Virginia, and Washington, DC:


     Can a Minor Parent Consent to Put the Newborn Up for Adoption?


    In Maryland, Virginia, and Washington, DC, a minor parent has the legal power to put the newborn up for adoption without consent from the mother’s own parents. There is no requirement for third party involvement, such as court-appointed counsel, outside legal counsel, or parental notification.


     Can a Minor Parent Consent to Medical Care for the Newborn Child?


    In Virginia, Maryland, and Washington, DC, minor parents are explicitly provided with the legal right to consent to medical care for the newborn child. There are 30 states where this is the case. On the other hand, 20 states have no explicit policy.


     Can a Minor Parent Terminate a Pregnancy?


    As of the time of this writing, 37 states require consent of the minor’s parent before a pregnancy can be terminated. Some states require parental notification, but do not require the parent to consent. A few states allow for alternatives such as the notification of a grandparent or other responsible relative.


    In Virginia, parental notification and consent are both required. In Maryland, parental notification is required. In the District of Columbia, no explicit law provides any requirements for either consent or notification – effectively, this places the decision-making responsibility with the minor parent.


    Minors’ Parental Rights to Make Decisions for Their Children

    Parental rights extend to a variety of situations. They are broadly divided into physical custody, the right to have the child live with the parent, and legal custody, the right of the parent to make decisions about the child’s health, education, and upbringing. Those legal custody rights include:

    • The right to make decisions about medical treatment on the child’s behalf
    • The right to enter into a contract on a child’s behalf (for example, child actors)
    • The right to pass property to the child through gifting or inheritance
    • The right to make decisions about the child’s education and moral upbringing


    Adult caregivers, such as the minor parent’s own parents, often provide a great deal of support to a pregnant minor and any resulting children. However, this material support doesn’t confer a parental right on its own. Only a court can vacate or confer parental rights.

    For example, it is rarer for the parental rights of a 17-year-old to be vacated than for the rights of a younger child to be vacated. Even if everyone agrees, the matter must be brought up in family court.


    Do you have more questions about parental rights? Jennifer Fairfax is an experienced, compassionate family law attorney who can help in difficult times. Contact us today for personalized advice.

    22 November 2024
    In today’s diverse family landscape, second-parent adoption has become an essential legal tool for many families, particularly for those formed through assisted reproduction, same-sex relationships, or blended families. At Modern Family Formation, we focus on adoption and assisted reproduction law across Virginia, Maryland, and the District of Columbia, and we recognize the critical importance of second-parent adoption for non-delivering parents. This legal process ensures that both parents in a family, regardless of biological connection, are recognized and protected under the law. Understanding Second-Parent Adoption Second-parent adoption, also called Confirmatory adoption, allows a non-delivering parent to gain legal recognition and parental rights without the need to terminate the rights of the biological parent. This type of adoption is particularly relevant in families where one parent is biologically related to the child, while the other is not. For example, in many same-sex couples, one partner may be the biological parent through assisted reproduction, while the other partner seeks to adopt the child to ensure equal legal standing. In some cases, the non-delivering or birth parent may be the genetic parent of the child, but will still need to adopt to secure their rights. Legal Security for Your Child The most compelling reason for second-parent adoption is the legal security it offers your child. If laws changed and your parentage was challenged, the Judgment or Order of Adoption would protect your family. This protection provided includes medical care, education, and even custody should something happen to the birthing parent. Second-parent adoption ensures that both parents can provide care and make crucial decisions throughout the child's life. Protection Across State Lines Family laws can vary significantly from state to state. Second-parent adoption creates a legally recognized relationship between a child and both parents, which is respected nationwide. This means your family can move or travel without worrying about the variability of state laws affecting your parental rights. Ensuring Inheritance Rights Without a legal parent-child relationship, a child may not automatically inherit from their non-birthing parent. Second-parent adoption safeguards a child’s right to receive an inheritance, social security benefits, or insurance payouts. It provides peace of mind knowing that, in the event of the unthinkable, your child’s financial future is protected. Emotional Stability and Recognition Beyond the legal aspects, second-parent adoption affirms the emotional bond in the family.. It validates the family unit in the eyes of society and gives the child a sense of stability and belonging. Knowing that both parents are recognized equally reinforces the child's understanding of their family structure. Facilitating Parental Responsibilities Day-to-day life involves countless interactions where parental authority is assumed or required. Picking up a child from school, authorizing a field trip, or attending a doctor’s appointment are all situations where having clear, legal parental status is essential. Second-parent adoption removes any ambiguity about who has the authority to act on behalf of the child. Preparing for the Future Life is unpredictable, and preparing for all eventualities is part of responsible parenting. Should the birthing parent become unable to care for the child due to illness or death, second-parent adoption ensures that the non-birthing parent retains full parental rights, avoiding potential custody battles with other relatives or the state. Health Insurance and Benefits Many employer health plans and government benefits extend coverage to a child only if there is a legal parent-child relationship. Second-parent adoption may become necessary for securing these benefits for your child, including health insurance, life insurance, and access to family leave if your legal relationship was challenged. Reflecting Real-Life Families Our society is evolving, and the concept of family is more inclusive than ever before. Second-parent adoption is a way for the law to catch up with reality, recognizing and protecting all family structures. It sends a message that all families, regardless of how they are formed, are valid and deserving of equal treatment under the law. Conclusion At Modern Family Formation, we believe that every family should have the opportunity to secure their bonds through the full extent of the law. Second-parent adoption is not just a legal formality; it's a crucial step in safeguarding the well-being of children and the rights of non-biological parents. It's about ensuring that love, not just biology, defines what it means to be a family. If you're considering second-parent adoption, know that you're taking a powerful step towards protecting your family's future. If you have questions or would like to learn more about second-parent adoption, please contact Modern Family Formation today!
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    Adoption is a profound journey that reshapes family boundaries, often bringing immense joy and fulfillment. Among the various forms of adoption, kinship adoption stands out as a unique opportunity to maintain biological family ties while providing children with the stability and love they need. As an adoption attorney, I have witnessed firsthand the transformative power of kinship adoptions and the myriad benefits they offer to both children and families. Preserving Family Bonds Kinship adoption occurs when a child is adopted by a relative or a person with whom they share a significant emotional bond. This could be a grandparent, aunt, uncle, adult sibling, or cousin.. One of the most significant advantages of this arrangement is the preservation of familial connections. Children in kinship adoptions may experience less trauma compared to non-relative adoptions because they are placed in a familiar environment, with people they already know and trust. Continuity of Culture and Identity Children thrive on continuity, and kinship adoption can provide a sense of identity and belonging that is crucial for their development. By staying within their biological family, children can maintain their cultural heritage, traditions, and language. This continuity can help to foster a strong sense of self and supports a smoother transition into their new family dynamic. Strengthening the Support Network Kinship adoption not only benefits the child but also strengthens the support network for the adoptive family. Relatives often have an established relationship and understanding of the child's background and needs. This shared history can make it easier for the family to navigate challenges and celebrate successes together. Legal and Financial Considerations From a legal standpoint, kinship adoption can be more straightforward than other types of adoption. Since the adoptive parents are already related to the child, there may be fewer hurdles to overcome in terms of custody and parental rights depending on the circumstances. Additionally, some states offer financial assistance and resources specifically for kinship adoptions, helping to alleviate potential economic burdens. Emotional Stability and Well-Being Children in kinship adoptions generally benefit from greater emotional stability. They may be less likely to feel abandoned or rejected since they remain within their family unit. This stability is essential for their emotional well-being and may lead to better outcomes in terms of mental health, academic performance, and social relationships. Conclusion Kinship adoption is a compassionate choice that can enrich the lives of everyone involved. It offers a way to keep families together, preserve important bonds, and provide children with the love and security they deserve. As an adoption attorney, I am committed to supporting families through this process, ensuring that the best interests of the child are always at the forefront. If you are considering kinship adoption, we encourage you to explore this rewarding path and discover how it might benefit your family and your loved ones. Learn more about kinship adoption now.
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