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Adoption Procedures
Learn about the basic
procedures used in most types of adoptions.
If you are thinking about adopting a child,
you should learn about the basic procedures used
in most types of adoption. If you understand the
rules about parental consent, know how a home
study works, and review the typical court
procedures, you will be better prepared for the
sometimes long and emotional process of
adoption. (To learn more about the different
types of adoption available, read Nolo’s article Types
of Adoption.)
Consent to Adoption
For any adoption to be legal, the birth
parents must consent to the adoption (unless
parental rights have been legally terminated for
some other reason, such as unfitness).
Most states won’t let birth parents consent
to an adoption until after the child is born,
and some states require even more time --
typically three to four days after the birth --
before the parents can sign a consent form. This
means that birth parents can legally change
their minds about adoption at any point before
the birth of the child because they haven't yet
given their consent to the adoption. Be sure to
check your state's laws. States differ widely on
when birth parents can consent and when the
consent becomes final.
Even after the birth parents have given their
consent and the child has been placed in the
adoptive home, many states allow birth parents
to revoke their consent within a specified
period of time -- in other words, to change
their minds about the adoption. In some states
this period can be as long as three months -- a
nerve-wracking time period for the adoptive
parents who have begun to care for the child.
This is one of the reasons why birth parents
in some states must undergo counseling before
giving their consent -- their intention to go
through with the adoption is explored at an
early stage in the hope of reducing the
likelihood of a change of heart later.
Investigation of Adoptive Parents: The Home
Study
All states require adoptive parents to
undergo an investigation to make sure that they
are fit to raise a child. This investigation is
called a home study. Typically, the study is
conducted by a state agency or licensed social
worker who examines the adoptive parents' home
life and prepares a report for the court with a
positive or negative recommendation for
adoption. The court makes the final decision.
The social worker gets information about
issues considered important to the adoptive
parents’ ability to raise a child, such as:
- financial stability
- marital stability
- lifestyle
- other children
- career obligations
- physical and mental health, and
- criminal history.
In recent years, the home study has become
more than just a method of investigating
prospective parents; it serves to educate and
inform them as well. The social worker helps to
prepare the adoptive parents by discussing
issues such as how and when to talk with the
child about being adopted and how to deal with
the reactions of friends and family to the
adoption.
If the social worker writes a negative
report, the person wishing to adopt may contest
the conclusion. Each state has different appeal
procedures. Some states provide for a separate
procedure, while other states make the appeal
part of the adoption hearing.
Court Process
All adoptions, whether handled by an agency
or done independently, must be approved by a
court. The adoptive parents must file an
adoption petition -- basically a request for
approval -- with the court and go through an
adoption hearing.
Notice
Before the adoption hearing, anyone who is
required to consent to the adoption must receive
notice. Usually this includes the biological
parents, the adoption agency, the child's legal
representative if a court has appointed one, and
an adopted child who is old enough (12 to 14
years old in most states). State laws vary on
notice requirements.
Adoption Petition
A standard adoption petition will generally
include:
- the names, ages, and residence address
of the adoptive parents
- the name, age, and legal parentage of
the child to be adopted
- the relationship between the adoptive
parents and the child to be adopted, such as
blood relative or stepparent
- the legal reason that the birth parents'
rights are being terminated (the reason
usually being that they consented to the
termination)
- a statement that the adoptive parents
are the appropriate people to adopt the
child, and
- a statement that the adoption is in the
child's best interest.
The written consents of the birth parents or
the court order terminating their parental
rights may be filed along with the petition.
Adoptive parents also often include a request
for an official name change for the child.
Adoption Hearing and Order
At the adoption hearing, if the court
determines that the adoption is in the child's
best interest, the judge will issue an order
approving and finalizing the adoption. This
order, often called a final decree of adoption,
legalizes the new parent-child relationship and
orders a name change if the new parents have
asked for one.
Getting Help From a Lawyer
If you do not use an agency in your adoption,
you will definitely need to hire a lawyer
experienced in adoptions. Even if you do use an
agency, you may need to hire a lawyer to prepare
the adoption petition and to represent you at
the hearing. Although there is no legal
requirement that a lawyer be involved in an
adoption, the process can be complex and should
be handled by someone with experience and
expertise.
When seeking a lawyer, find out how many
adoptions the lawyer has handled, and ask
whether any of them were contested or developed
other complications. To learn more about
choosing a lawyer, read Nolo’s articleHow
to Find an Excellent Lawyer. Or, go straight to
Nolo’s
Lawyer Directory to find adoption lawyers in
your area. It provides a comprehensive profile
for each lawyer listed, including the lawyer's
experience, education, and fees, and perhaps
most importantly, the lawyer's general
philosophy of practicing law.
To learn more about adoptions and other laws
that affect your daily life, get
Nolo’s Encyclopedia of Everyday Law: Answers to
Your Most Frequently Asked Legal Questions,
edited by Shae Irving (Nolo).
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