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Can Adoptive Parents "back Out" Of An Adoption?

Yes. The probationary custody period preceding the final court order of adoption is created for this very reason: to determine if the prospective parents are a good fit for the child, and if the child is a good fit for the parents. For instance, potential adopters might decide to take a special needs child into their home because they feel they can raise the child and provide the child with proper love and care. However, due to the given demands of a handicapped or mentally challenged child, the required care might become overwhelming, and the potential adopters are faced with a reality that could be crippling for all those involved in the ensuing years. Or, potential adopters may decide that they simply do not want the responsibility of parenthood, and choose not to make the lifelong commitment. In either of these circumstances, the child can be returned to the adoption agency, without legal repercussion to the wouldbe adopters, where the child will be placed in foster care until other adoption arrangements can be made. However, as stated, once the probationary period is over and the final court order of adoption has been ruled, the adoptive parents are legally responsible for the child.

Other Adoption Law FAQs

Q: Who Can Adopt?
A: The law generally states that any adult may petition for adoption. Marriage is not a requirement for adoption, although if you are married, you usually must file … More
Q: I Want To Adopt A Child, What Type Of Background Check Will I Need To Go Through?
A: In order to protect the well being and the safety of an adopted child, anyone wishing to adopt must first participate in a full investigation, which includes an … More
Q: How Long Do Probationary Periods Typically Last?
A: Generally, after the child has been placed with the adoptive family for probationary custody, the social worker or court representative continues their investigation … More
Q: Can An Adopted Child Contact Their Birth Parents After Adoption?
A: This decision is left up to the adoptive parents and the permission of the birth relatives, based upon specific circumstances and what would be most appropriate for … More
Q: Can An Adopted Adult Contact Their Natural Parents After Adoption?
A: Yes. The primary way in which adult adoptees can contact their biological parent(s) or relatives is through adoption registries. Adoption registries allow adopted … More
Q: What Is A Closed Adoption?
A: In a closed adoption, proceedings occurred entirely through a third party adoption agency. The birth parents will not know the identity of the new parents, and will … More
Q: Can I Force An Agency To Release Information If I Am Involved In A Closed Adoption?
A: During a closed adoption, the records, like original birth certificates, from the natural parents are sealed to ensure secrecy. But, you ask a court to force … More
Q: Can A Court Consider Race When Determining My Qualifications As A Prospective Adoptive Parent?
A: Yes. Race is a legitimate factor in determining whether an adoption placement is in the best interests of the child. However, race is only one of many factors and may … More
Q: Can Courts Consider Sexual Orientation As A Disqualification For Adoption?
A: It depends. There is modern trend to allow gay and lesbian adults to adopt children. However, some states have prohibited such adoptions.
Q: Can Courts Consider Religion When Determining Qualifications For Adoptions?
A: Yes. In most states, it is acceptable to consider religion as one of many different factors in determining compatibility with the adopted child. However, like race, … More