Open or Closed Adoption: Which is Right for You?

Tue, 21 Oct 2008 19:33:32 GMT

Adoption is an exciting process. When you add to your family by adopting a child to love and care for, you are beginning a lifelong relationship and commitment. Therefore, it is best to think about the impact of the adoption process on you and the child at the time of adoption and in the future.

Open Adoption

In an open adoption, the birth parents and the adoptive parents know each other’s identities. Often, there is direct contact between them. Sometimes, there is ongoing contact after the child has been adopted and the birth parents have a relationship with the child. Some experts believe that this is an emotionally healthy option or all involved.

However, it is important to keep in mind that regardless of whether the identities are known and a relationship ensues, the purpose of adoption is to terminate the parental rights of the birth parents and to give parental rights to the adoptive parents. Therefore, if the adoptive parents decide to end visitation or contact with the birth parents then the birth parents may have a difficult time continuing their relationship with the child.

The two main advantages to open adoptions are that the adopted child never has to wonder about his birth mother nor spend time searching for her. Further, if a complicated medical issue arises it can be useful to have blood relatives of the child tested for organ or blood compatibility.

That said, open adoptions can be emotionally difficult for a birth mother who is watching someone else raise her children and for the adoptive parents who are allowing the birth parent(s) to be known to their child. Accordingly, it is important to seek legal advice prior to entering an open adoption arrangement. Both birth parents and adoptive parents want to know that the adoption process is permanent and that the parental responsibilities have been transferred.

Closed Adoption

In a closed adoption, birth parents and adoptive parents work through an agency or another third party. They do not have contact with one another and care is taken to prevent each party from learning the other’s identity. Information is, of course, provided to the adoptive parents about the child’s medical history and other important factors.

The information about the adoption and the birth parents is kept sealed in a closed adoption. Traditionally, adoptees would need a court order to get that information released. However, since the late 1990s some states have begun to allow adoptees over the age of 18 to have the records released without a court order. This is consistent with a growing trend in this country toward open adoptions.

A Middle of the Road Approach

While the past few decades have brought many more open adoptions then existed in previous generations, many adoptive parents are fearful of allowing the birth parents to remain in the child’s life. Accordingly, there is another approach available where an agency or an attorney acts as a neutral third party and allows the adoptive and birth parents to communicate without knowing the other’s identity. Adoptive parents can ask questions and birth parents can see photos without threatening each other.

When adoptions are conducted according to the wishes of both the birth parents and the adoptive parents they are a wonderful advantage to society. Therefore, both birth parents and adoptive parents should seriously consider the repercussions of closed and open adoptions before deciding which path to take.

For more information on open and closed adoptions, contact an adoption law attorney today.

Adoption Law Overview

Tue, 01 Sep 2009 00:56:40 GMT

Adoption is an exciting way to have a child. Parents adopt a child with the intent to love, raise and protect the child. They intend the child to become a complete part of their family, just as a birth child would be a complete part of the family. However, in order to make sure that the adoptive child has a permanent place in the family, it is important that the adoption be completed in accordance with all applicable laws. Adoptions are governed by the laws of the state(s) where the child and adoptive parents are located, federal law, and, if applicable, international law.

State and Federal Adoption Laws

Among other things, state laws typically regulate:

Consent to adoption: In all states, the birth mother and father, if known, must consent to an adoption if the birth parent’s legal rights have not been terminated. If the birth parents no longer have legal rights regarding their child then the state agency or person who has custody of the child must consent to the adoption. Almost every state also requires that older children give their consent prior to being adopted. The age at which a child is considered older varies among the states but is typically between 10 -14 years old.

The manner in which consent is to be provided pursuant to state law varies among the different states. Some require birth parents, or the agency or person with authority to give consent, to appear before a judge, for example. Other states require written consent statements that are notarized and witnessed. The waiting time before a consent is legally binding also varies from state to state.

It is important for all parties to understand the requirements for a consent to adoption because in all but the most extreme cases of duress or fraud, the consents are irrevocable in order to promote secure placements for the children being adopted.
Who may be a party to an adoption: Most states allow single and married adults to adopt children. However, the states define adult differently (typically, between the ages of 18-25) and may require additional things such as a minimum age difference between the adopting adult and the adoptive child. Approximately half of the states also allow for the adoption of adults. The adoption of adults is limited to step-children or mentally disabled adults in some states.

State laws may also protect the rights of unwed fathers and regulate the amount that may be charged for an adoption in that jurisdiction.

The federal laws permit interstate adoption and provide financial incentives, such as tax credits, for adoptive parents to help offset the costs of adoption.

International Adoptions

International adoptions must comply with all of the requirements of domestic adoptions as well as the requirements of the country from which the child is being adopted. Further, parents must take special steps to make sure that the child is able to travel back to the United States and becomes a U.S. citizen.

There are few things as important in life as protecting our children. Providing a child with a permanent and secure place in a family is an important part of that protection. Therefore, many adoptive parents review applicable adoption laws themselves and seek the advice of an adoption attorney so that they can adopt a child, love a child and raise a child knowing that their relationship is permanent.

In what situations can an adult be adopted?

Wed, 15 Jul 2009 03:55:09 GMT

There are a variety of situations in which a person may wish to adopt an adult, or a person over the age of eighteen, such as for the purposes of inheritance, long-term care and insurance coverage, and to formalize parent-child relationships. Whether adoption of adults for these reasons is permitted under the law of your state will vary widely, although most states do have laws governing adult adoptions in at least some circumstances, with a few exceptions. Before you pursue an adult adoption, then, you should be sure to check with an adoption lawyer in your state in order to determine whether such an adoption is even possible, as some states do not permit adult adoptions at all.

One common reason for the desire to adopt an adult is related to inheritance. Even an adult adoption creates a parent-child relationship between two people, which makes that relationship subject to inheritance laws. In this case, adoption is a means of ensuring that the adopted adult will inherit your assets, just as if he or she was your natural born child. However, given the fact that certain states may restrict adult adoptions for the purposes of inheritance, such as by requiring that there be a specific age difference between the adoptive parent and the adoptee, you want to look into alternate ways to effectuate your wishes regarding your estate.

Another reason that some people choose to complete adult adoptions stems from the diminished capacity of the adult to be adopted. By legally adopting the person with diminished capacity, you can ensure that the person can receive the benefits of your insurance coverage, inheritance, or other means that will provide the person with financial and health care resources for the remainder of his or her life.

It is also common for adult adoptions to occur simply for the purposes of solidifying or formalizing a previously informal, non-biological parent-child relationship. For instance, stepparents or foster parents may wish to adopt adult children with whom they have enjoyed a parent-child relationship for a number of years. The adoption might not have occurred at an earlier date due to a lack of consent by one of the adoptee’s biological parents, or due to some other legal impediment. Once the adoptee becomes a legal adult, consent of the adoptee’s biological parent(s) is no longer required; in an adult adoption, the only consents required are those of the adoptive parent and the adoptee.

Although adult adoption laws were historically devised as a means for stepparents wishing to adopt stepchildren later in life, and in cases of adults with developmental disabilities, adult adoption laws have been utilized in recent years by same-sex couples in order to create inheritance rights or other types of financial security. These efforts have met with a varying amount of success, depending on the interpretations of these laws by different state’s court systems.

Additionally, it is important to keep in mind that adoptions, unlike marriages, can be extremely difficult to reverse. Therefore, if the relationship between the adoptive parent and the adoptee breaks down, for whatever reason, there may not be a legal way to undo the inheritance and other legal rights created between the two persons as a result of the adoption.

What are the differences between adult adoptions and minor child adoptions?

Mon, 27 Jul 2009 02:18:11 GMT

While all states have generally similar laws governing the adoption of a minor child, most states’ laws with regard to the adoption of adults vary widely, in terms of the circumstances under which such an adoption can occur. Plus, there are some states in which adult adoptions are not permissible in any case. Therefore, before you proceed with any type of adoption, it is necessary to contact an attorney who is knowledgeable and experienced with the adoption laws of your state.

The most common case involving the adoption of a minor child is when a person or couple is unable to have biological children, or otherwise chooses to adopt a child who is not biologically related in any way. In some cases, of course, relatives adopt minor children who are blood relatives; this often occurs, for instance, when a child is removed from a parent’s home for abuse and/or neglect, or a parent is unable to take care of a child for some reason, and a relative steps in to adopt the child. Stepparent adoptions often occur, as well. In this case, a biological parent (most often, a father) voluntarily or involuntarily relinquishes his or her legal parental rights in order to permit the child’s stepparent to adopt his or her stepchild. It is also relatively common for foster parents, or people who are taking care of children who have been removed from their parents’ homes for abuse or neglect, to opt to adopt their foster children when they become available for adoption, or when their biological parents’ legal rights have been terminated.

On the other hand, adult adoptions typically occur under very different circumstances. Traditionally, adult adoption laws were passed in order to address the cases of stepparents who wish to adopt their stepchildren later in life, and cases where the adult to be adopted is developmentally disabled in some manner. Often, stepparents are unable to adopt their stepchildren due to some legal impediment, such as the refusal of a biological parent to consent to the adoption during the child’s minority. Once the child turns 18, however, the biological parent’s consent is no longer required, and the stepparent adoption can proceed. Likewise, stepparents, or other caregivers, may wish to adopt a developmentally disabled adult in order to provide him or her with benefits such as medical insurance and inheritance rights. Furthermore, in recent years, same sex couples have taken advantage of adult adoption laws in order to reap the benefits of inheritance law, particularly in states where same sex marriages are not legal.

In some respects, however, adoptions involving adults and minor children are quite similar. Both types of adoptions have the effect of legally binding the adoptee to the adoptive parent(s), thus resulting in inheritance and other rights between the adoptee and the adoptive parent(s) identical to those between a biological parent and child. Both types of adoptions sever the legal relationship between the biological parent(s) and the adoptee, if it was not already legally terminated, such as through an abuse and neglect court proceeding. This means that the biological parent(s) whose rights were severed no longer has any legal relationship with the child, including rights of visitation, custody, inheritance, etc. Likewise, the adoptee no longer has the right to inherit from the biological parent(s) upon death.