For couples and individuals looking to adopt a child, the adoption process can seem complex and intimidating at first glance. Adoptions in the United States are governed by state laws and regulations, with each state having specific legal requirements that must be met.
The adoption process involves many steps, including an extensive application and screening process for prospective adoptive parents. There are different types of adoption to consider as well, such as infant adoption, foster care adoption, and international adoption.
Working with an experienced family law attorney is highly recommended to help guide families through the steps and legal nuances smoothly. The attorney can ensure proper procedures are followed, filings and paperwork are in order, and the rights of all parties are protected.
Overview of the Adoption Process
The adoption process involves specific procedures and safeguards to protect the interests of the adoptive parents, biological parents and child. Key steps include:
- Choosing an adoption agency or attorney to facilitate. Adoption professionals guide families through the process and legal requirements.
- Screening and home study requirements for prospective adoptive parents. Adoptive parents must meet eligibility criteria and be approved through a home study assessing their fitness and readiness.
- Matching parents with a child available for adoption. For non-relative adoptions, parents are matched with a child through an agency or attorney.
- Termination of parental rights of biological parents (except in stepparent adoption). The biological parents must either voluntarily relinquish rights or have them terminated by a court. This permanently ends the legal parent-child relationship.
- Petitioning the court for an adoption order and finalizing. The final step is an adoption hearing in court resulting in a judge’s order legally finalizing the adoption.
Adoptions must adhere to the specific laws and regulations of the state where it occurs. The process takes an average of 6-12 months from starting to finalization, depending on the circumstance.
Types of Adoptions
There are several different types of adoption recognized under family law:
- Infant adoption – Adopting a newborn or baby directly from biological parents or an adoption agency.
- Foster care adoption – Adopting a child from the foster care system.
- International adoption – Adopting a child from another country. Requires approval from USCIS.
- Stepchild adoption – Adopting a spouse’s or partner’s child from a previous relationship.
- Kinship adoption – Adopting a relative’s child who cannot stay with their parents.
- Adult adoption – An adult adopting another adult in limited circumstances.
The process differs slightly between the various types of adoption. A family law attorney such as Edwards Family Law can explain unique legal considerations for each.
Who Can Adopt?
Adoptive parents must meet certain eligibility criteria under family law:
- Be at least 18 years of age in most states.
- Complete a home study approving them for adoption.
- Demonstrate financial stability and the resources to provide for a child.
- Undergo background checks, including fingerprints for a criminal record check.
- Provide health records documenting physical health and any medication use.
- Establish they can supply appropriate housing for a child.
- Complete any required parenting education or training classes mandated by their state.
- Be willing to allow post-adoption monitoring and supervision.
- Meet any unique eligibility for international adoption or state foster care programs.
Termination of Parental Rights
For any adoption other than stepparent adoption, the biological parents’ legal rights must be terminated or voluntarily relinquished. This is done through the courts.
Grounds for involuntary termination include abandonment, child abuse or neglect, inability to parent, or incarceration. Parents receive notice and can contest the termination at a court hearing.
Alternately, parents may voluntarily relinquish rights through a legal process involving counseling about alternatives and consent forms. This avoids a contested hearing.
Role of Adoption Agencies
Public and private adoption agencies are licensed organizations that facilitate various types of adoptions. Agencies screen and provide home studies for prospective parents. They also conduct background checks and guide families through every step.
Agencies are not required to facilitate an adoption. If an agency declines to work with a prospective adoptive parent, they may still be able to adopt independently or through another agency.
Stepparent and Relative Adoptions
When a stepparent or other close relative wishes to adopt a child, the process is streamlined compared to strangers adopting. The main legal requirement is still termination of the non-custodial parent’s rights. But home studies are usually waived for known relatives.
For stepparent adoption, the spouse of the custodial biological parent can file to adopt after marriage or domestic partnership. The non-custodial parent must either consent or have their rights terminated based on abandonment. This confers full legal rights.
Adoption Finalization
The last stage after placement is finalizing the adoption in court through an adoption order. This permanently transfers all parental rights and obligations to the adoptive parents. They receive a new birth certificate listing them as the child’s legal parents.
For international adoption, an additional step involves obtaining the child’s visa or U.S. citizenship.
Adoptions cannot be reversed once finalized, except in cases of fraud. Rarely, biological parents have succeeded in challenges during the revocation period if improprieties in procedures are proven.
Conclusion
Adoption can be an emotional and legally intricate process governed by state family laws. Working with an experienced Edwards Family Law in Atlanta attorney can help provide guidance for prospective parents on successfully completing each step and avoiding pitfalls. This helps lead to positive adoption outcomes for all parties and especially the child.
