[23] A father cannot terminate his parental rights by contract

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iphone 8 plus case Furthermore, while laws vary from state to state, it is generally impossible for any parent, male or female, to surrender their parental rights without a court hearing that determines the best interest of the child.[23] A father cannot terminate his parental rights by contract, much less by more informal means (such as by text message).[24]A few months prior to the baby’s birth, Maldonado began to work with an adoption attorney to place the child with Matthew Capobianco and Melanie Duncan Capobianco of James Island, South Carolina.[25] The adoptive couple provided financial support to Maldanado during her pregnancy and attended Baby Girl’s birth, where the adoptive father cut the umbilical cord.[26] Although Oklahoma law requires that an Indian tribe be informed if an Indian child is to be adopted, Maldonado’s attorney misspelled Brown’s name and provided an incorrect date of birth. The court noted, however, that the ICWA preempts state law.[34] On November 25, 2011, the court issued a ruling, holding that:the ICWA applied and was not unconstitutional,the “Existing Indian Family” exception was inapplicable in this case,Brown did not consent to the termination of his parental rights or the adoption of his child, andthe Capobiancos had failed to show by clear and convincing evidence that Brown’s parental rights should be terminated.[fn 8][35]On December 31, 2011, the Capobiancos turned the child over to Brown in accordance with the trial court order.[36] The Capobiancos then appealed to the Supreme Court of South Carolina.[37]Chief Justice Jean H. Toal delivered the opinion of the court on July 26, 2012. iphone 8 plus case

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