Termination of Parental Rights

Termination Parental Rights/Adoption

           Parental Rights can terminate for failure to correct removal items. Relying on Abernathy v. Baby Boy, 437 S.E.2d 25 (1993), the Family Court excused Queen’s failure to support either the birth mother during her pregnancy or Tanner after Queen learned of his birth. In Abernathy, the biological father made numerous attempts to financially support the birth mother and child but was repeatedly rebuffed by the mother. Upon learning of the adoption action, the father immediately answered, demonstrating his willingness to assume sole custody of the child. The Supreme Court excused the father for his failure to meet the literal requirements of section 20-7-1690(A)(5) because the mother thwarted the father’s efforts to commit to the child. The Supreme Court held an unwed father is entitled to constitutional protection not only when he meets the literal requirements of section 20-7-1690(A)(5)(b), but also when he undertakes sufficient prompt and good faith efforts to assume parental responsibility and to comply with the statute.

           For the Abernathy exception to apply, the unwed father must exhibit a full commitment to the responsibilities of parenthood. Paraq v. Baby Boy Lovin, 508 S.E.2d 590, (Ct. App. 1998). In Abernathy, the Supreme Court concluded. Time and circumstances may limit the protectability of an unwed father’s interest in the child. The values that underlie protection require that the father take advantage of his opportunity to develop a relationship with his child early and completely. An unwed father must timely demonstrate a commitment to his child and a desire to grasp the opportunity.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.