9.04.190 Character and Effect of Termination of Parental Rights and of Adoption of a Child

(a) Effect of relinquishment and termination of parental rights. A relinquishment to an agency or a judicial order terminating the relationship between a parent and a child divests the parent and the child of all legal rights, powers, privileges, immunities, duties and obligations with respect to each other, except that:

(1) No relinquishment or termination order entered pursuant to this act shall deprive a child of any benefit due him from any third person, agency, state, or the United States; nor shall any action under this act affect any rights and benefits that such child derives as a member of an American Indian Tribe.

(2) The right of the child to inherit from and through the parent whose rights have been terminated shall be eliminated only by a final order of adoption.

(3) Any debt incurred by the parent on behalf of a son or daughter prior to the termination of parental rights shall be enforceable against the parent; and

(4) No relinquishment to an agency shall deprive a child of any right to support due him under any other law.

(b) Relinquishment and Termination of Parent and Child Relationship.

(1) The rights of a parent with reference to a child, including parental right to control the child or to withhold consent to an adoption, may be relinquished and the relationship of parent and child terminated in or prior to an adoption proceeding as provided in this section.

(2) All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by a writing signed by the parent, regardless of the age of the parent:

(A) When the writing is in the presence of a representative of an agency taking custody of the child, whether the agency is within or without this state, but voluntary relinquishment of parental rights may be withdrawn within ten (10) days after it is signed or ten (10) days after the child is born, whichever is later; and the relinquishment invalid unless it states that the parent has the right of withdrawal; or

(B) In any other situation if the petitioner has custody of the minor for two (2) years, and only if notice of adoption proceeding has been given to the natural parents and the court finds, after considering the circumstances the relinquishment and the long continued custody by the petitioner, that the best interest of the child requires the granting of the adoption.

(3) In addition to any other proceeding provided by law, the relationship of parent and child may be terminated by a court order issued in connection with an adoption proceeding under this section on any ground provided by law and in any event on the ground:

(A) that the minor has been abandoned by the parent;

(B) that by reason of the misconduct, faults, or habits of the parent or the repeated and continuous neglect or refusal of the parent, the minor is without proper parental care and control, or subsistence, education, or other care or control necessary for his physical, mental, or emotional health or morals, or by reason of physical or mental incapacity, the parent is unable to provide necessary parental care for the minor, and the court finds that the conditions and causes of the behavior, neglect, or incapacity are irremediable or will not be remedied by the parent, and that by reason thereof, the minor is suffering or probably will suffer serious physical, mental, moral, or emotional harm; or

(C) that in the case of a parent not having custody of a minor, his consent is unreasonably withheld contrary to the best interests of the minor.

(4) A petition for termination of the relationship of parent and child made in connection with an adoption proceeding may be made by:

(5) Either parent if termination of the relationship is sought with respect to the other parent.

(6) The petitioner for adoption, the guardian of the person, the legal custodian of the child, or the individual standing in parental relationship to the child;

(7) An agency; or

(8) Any other person having a legitimate interest in the matter.

(9) Before the petition is heard, notice of the hearing and opportunity to be heard shall be given to the natural parents of the child, to the guardian of the child, the person having legal custody of the child, and in the discretion of the court, a person appointed to represent any party.

(10) Notwithstanding the provisions of Subsection (b), a relinquishment of parental rights of a child executed under this section may be withdrawn by the natural parent, and a decree of a court terminating the parent-child relationship may be vacated by the court upon motion of the parent, if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree.

(c) Effect of Adoption. Adoption creates the legal relationship of parent and child. There is no legal distinction between an adoptee and a person not adopted except that adoption of a child shall not affect any right to benefits conferred by the federal government, or any legal rights created by law for an American Indian child.