Adoption

Adoption is a joyous occasion for parents who want to bring a new addition to the family and for the children who find a loving home, but the legal aspect of adoption can complicate the process.

During an adoption, the family court must approve an adoption petition and hold an adoption hearing. At the adoption hearing, the family court decides what's in the child's best interest and then orders a final decree of adoption.

Typically, an adoption petition includes information on the adoptive parents, relationship between parents and adopted child, reasons for terminating the birth parents' rights and why the adoption is best for the child. The birth parents' consent is also filed with the petition.

A local family law attorney can help you draft your adoption petition to make sure the family court will consider it valid.

Adoption Criteria

There are four areas of criteria that can affect the adoption process:

  • Legal Qualifications
    States and counties have individual adoption laws. A family law attorney near you can explain local laws and how these might affect your adoption.
  • Agency Qualifications
    Adoption agencies have individual requirements on top of adoption laws. These requirements may depend on the focus of the agency, type of adoptions handled, resources available, the agency’s social philosophy and groups that support the agency. Work with a family law attorney to find an agency with criteria that works best for you in your situation.
  • Birthparents Qualifications
    Birthparents are beginning to play a bigger role in selecting the family adopting their child. The birthparents have the right to develop criteria important to them when considering consenting to adoption of their child.
  • Adoptive Parent Limitations
    These limitations are set by the adoptive parents and can include finances, age, health or other considerations. The adoptive parent should feel comfortable with the situation of the child and the adoption process to be able to continue. A local family law attorney can help you figure out criteria important to you during the adoption process.

Connect with a family law attorney today.

Adoption Obstacles

If an adoption doesn’t have a smooth transition, it can be devastating for everyone involved. Each state’s adoption laws are different, but you can consult a local family law lawyer to learn how obstacles can be handled. Some possible obstacles may include:

  • Birth Parents Changing their Minds
    In most states, it’s possible for the birth mother to withdraw consent to give up her child, but laws are strict about birth parents giving or withdrawing consent.
  • Putative Fathers' Rights
    An unwed or putative father has the right to claim his child. A putative father must prove commitment by providing a signed birth certificate and proof of paternity. The putative father should also be paying child support and communicating with the child.
  • Multiethnic Issues in Adoption
    Under the Multi-Ethnic Protection Act of 1994, states won’t give adoption agencies funding if they choose to deny or delay placement because of ethnicity.
  • Open Adoption: Visitation Rights
    In open adoption, birth parents may visit the child and adoptive family. This is an option if both the adoptive and birth parents sign a court-approved agreement. Each state has its own laws about the open adoption process and enforcement.
  • Finding Birth Parents
    State laws vary on giving adopted children access to the names of their biological parents.

    • Connect with a Family Law Attorney about Adoption

    Each state has laws to protect the child, birth parents and adoptive parents during the consent and adoption process. If you are considering adoption, talk with a local family law attorney in your area about your state's adoption laws. Fill out a family law case review form or call 866-733-5116 to connect today.

    Connect with a family law attorney today.

    The above synopsis of adoption laws is by no means all-inclusive and is not legal advice. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on adoption laws, please contact a local family law attorney in your area.