Biological but unwed fathers had no recognized rule until the 1970's. In many states, biological unwed fathers still do not have a presumptive right to consent or veto an adoption, but merely a constitutional right to notice and an opportunity to be heard. Involuntary Termination of Parental Rights Statutes detailing the ground upon which parental rights may be involuntarily terminated commenced in the 1970's. The due process clause of the United States Constitution requires that severance of a parent's rights be supported by clear and convincing evidence. Generally, state statutes view involuntary termination of parental rights as an action of last resort.
Statutes normally require that efforts be made to preserve the family relationship.
What efforts must be taken and to what length those efforts must go prior to termination varies from state to state. Normally, efforts must be reasonable and diligent but not futile. Some districts will also directly handle the voluntary placements of newborns and young children when a family requests such services. In general, children adopted through D.E.S. have been in the foster care system for months or even years. Many are identified as having special needs.