Fathers entitled to notice under this Act include current and former spouses, men who believed they had legally married even though the marriage was invalid, judicially determined fathers, or men who signed a document that had the effect of establishing their parentage. The prospective adoptive parents, birth mother, or agency can still try to terminate the father's parental rights if the court can be convinced that a termination is necessary to avoid detriment or risk of substantial harm to the child. The Act grants the court broad powers to allow TPR and adoption in spite of a father's opposition or a procedural violation of the Act itself. We question whether such decisions might not be based upon economic or class differences. Existing Termination of Parental Rights Statutes Serious statute construction problems exist in the Act's attempts to set provisions for contested TPRs.
Many states set unclear process and cite several sections that each govern TPRs.
Any attempt to add another TPR process to existing statutes would further confuse an already muddled process. In an effort to speed the adoption process, the Act mandates that potential adoptive parents file a petition for adoption within 30 days after a child is placed with them. If the petition is not filed after 60 days, the placement can be terminated. However, while procedural haste for infant adoptions may promote the feeling that an adopted child was simply born to the family, persons who have adopted older or special needs children know that adoption in these cases is more like a marriage than a birth. Parents and children in special needs adoptive placements may need additional time to confirm bonding potential.