Should I Expect a Child to Be Legally Free?
by Becky Birtha

Legally free is a term used to describe a child for whom the birth parents' rights have been terminated in a court of law. In the eyes of the law, the birth parents no longer have a parent's rights and responsibilities, and the child is free to be adopted by another family.

In many states and jurisdictions, photos can appear in the media only for children who are legally free. So the majority of the children you see on Internet adoption websites are legally free. However, some courts are opposed to making children legal orphans and will not terminate rights until an adoptive family is identified, even if the birth parents are not capable of parenting. Those courts may still issue a waiver so that publicity can be done to find a family for a child. In those situations, you will see children on photolisting websites who are not legally free.

Prospective adoptive parents sometimes ask if a child is legally free because they are wondering if that child will have connections to birth family member that could interfere with adoption. Usually, if a child's photo is being shown in an effort to find an adoptive family, social workers have already made a thorough search and have not found any birth family member who might be able to parent the child.

Many waiting children do, however, have connections to a relative from the birth family, a sibling, a foster parent, or another important person from the past. Respecting those connections and helping the child to maintain positive relationships is one of the most valuable gifts an adoptive family can give.

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This article previously appeared in a slightly different format in NACzine: The National Adoption Center Internet Magazine, Issue 36, March - April, 2006.

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