Justia Legal Resources: Adoption Law Center

Expanding your family through adoption is exciting but can be daunting. Adoptive parents likely want to ensure that the process goes as smoothly as possible. The Adoption Law Center at Justia provides some general insights.

Approximate Read Time: 4 Minutes

Welcoming a new child to a family can bring great joy to adoptive parents. However, navigating the adoption process is not always easy. People considering this step may need to consider legal, financial, and logistical issues. This is where the Adoption Law Center in the Justia Legal Guides can help. It aims to illuminate the potential paths toward adding a child to a family, as well as the obstacles that may arise. Here are some common questions to which it provides general answers.

What Are the Main Types of Adoptions?

The two main types of adoptions are independent adoptions and agency adoptions. In an independent adoption, the birth parents directly place the child with the adoptive parents. In an agency adoption, on the other hand, the birth parents place the child with an adoption agency, which then chooses the adoptive parents. An intermediate type of adoption is an identified adoption, in which the birth parents choose the adoptive parents, but an agency handles the logistical aspects of the process.

Should You Adopt a Foreign Child?

Adopting a foreign child can give them a better life, or even rescue them from a dangerous situation in their home country. However, an international adoption involves certain complexities. For example, the adoptive parents must comply not only with the laws in their state but also with federal immigration laws and the laws of the child’s home country. They should carefully evaluate whether any foreign agency working with them is reputable. International adoptions also tend to be more expensive than domestic adoptions.

Can You Adopt a Grandchild?

You can potentially adopt a grandchild, but more often grandparents have guardianship or custody instead. This usually means that the biological parents of the child are still considered their legal parents, but the child lives with the grandparents, and they can make certain important decisions affecting the child. Grandparents also might serve as foster parents for a child whom the state has removed from their parents.

Can You Adopt an Adult?

Yes, you can adopt an adult. This often occurs in the context of a relationship between a stepparent and an adult stepchild. The “parent” may want to adopt the adult “child” so that they can receive an inheritance from the “parent.” The process of adopting an adult may be faster and easier than adopting a child. For example, the “parent” likely will not need to undergo a home study.

Can a Same-Sex Couple Adopt a Child?

A same-sex couple can legally adopt a child in any state. Traditional prohibitions against this type of adoption have been repealed by legislatures or struck down by courts. However, LGBTQ+ couples may find that some agencies will not work with them, or that judges or certain other people involved in the adoption process have discriminatory views.

Can a Biological Parent Have Contact With an Adopted Child?

If the adoptive parents agree to an open adoption, a biological parent might have contact with the adopted child. They might see them in person or talk to them over the phone. However, some open adoptions provide a biological parent with more limited access, such as getting updates about the child from the adoptive parents. Someone who plans to work with an adoption agency should investigate whether they have any rules involving open adoptions.

What Happens During a Home Study?

In a home study, a social worker or a similar professional assesses whether the prospective adoptive parents are fit to raise a child. This may involve a combination of reviewing paperwork and visiting the adoptive parents for in-person interviews. The social worker also may talk to family members and references. Some issues that they may want to explore include the mental and physical health of the adoptive parents, their employment status and finances, any criminal history, and any current children or plans to have children.

Why Might an Adoption Petition Be Denied?

Sometimes an adoption petition is denied because of a technical issue, such as failing to submit a required document or making a mistake in a submission. This may be resolved easily. More substantive grounds for denial often involve a finding that a prospective adoptive parent is unfit, such as when they have a certain type of criminal record. In other cases, a biological parent might have revoked their consent, or a family member of the child may have offered to adopt them. These issues may be more challenging to overcome.

When Might a Parent Lose Their Rights?

A parent may lose their rights to a child if the state proves that they are unfit to care for the child, and terminating their rights is in the child’s best interest. Situations in which a court might find that a parent is unfit include abuse or neglect of the child, major substance abuse problems, or “abandonment” of the child. Definitions of abandonment vary by state, but often the parent must not have had contact with the child or supported them for a certain time.

What Happens to a Birth Certificate After Adoption?

Once a court finalizes the adoption, the names of the adoptive parents will replace the names of the biological parents on the child’s birth certificate. Some states may provide for other changes to the birth certificate, such as replacing the place of birth with the residence of the adoptive parents. An adopted child eventually may want to get their original birth certificate. The rules and procedures for access vary by state. For example, an adopted child may need to formally ask a court for a copy, and even provide a strong reason for access.

Final Thoughts

Amid the excitement of adopting a child, prospective adoptive parents should not overlook the legal nuances in this process. They should consider consulting a family lawyer who is experienced in handling adoptions. This can avert unpleasant surprises and ensure that the adoption unfolds as smoothly and efficiently as possible. In the meantime, the Adoption Law Center offers a readable overview of some key concepts in this area. Like the other Justia Legal Guides, it furthers our mission of making the law free and accessible to all.

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