To further promote adoptions, ASFA stipulates that courts can terminate the rights of birth parents whose children are in foster care within two years. This controversial provision within this law is called the “15-22 rule”. If a child has been in foster care for 15 out of 22 months, states must move to terminate the biological parents’ rights. This mandate hinders birth parents from regaining their parental rights even when they are in positions to provide a safe, permanent home environment for their children.
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