Free Adoption Law FAQs | Free Adoption Law Legal FAQs

Who Can Adopt?

Thu, 08 May 2008 06:33:05 GMT

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 jointly. As a matter of preference, married couples are given more weight because of the reasonable likelihood that a more traditional twoparent family environment is achieved.

I Want To Adopt A Child, What Type Of Background Check Will I Need To Go Through?

Mon, 13 Aug 2007 03:35:49 GMT

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 assessment completed by a juvenile court officer, or a licensed social worker. This investigation determines whether the child is suitable for adoption by the adopter and whether the adopter is suitable for the child. This assessment and investigation is known as the home study, and usually last six to eight weeks. During this time, interviews of the prospective parents are conducted, and a home visit with all family members is completed. Information on each member of the household is investigated, including: a medical and criminal background, any child abuse history, documentation of income and financial resources, family structure within the home (other children, etc.), religious, educational, and physical and mental health history of all household members, and parenting background of the applicants and their reasons for adoption. This information is then summarized, and forms the basis of the assessor's impressions and recommendations to a court of law.

Can Adoptive Parents "back Out" Of An Adoption?

Mon, 13 Aug 2007 03:36:11 GMT

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.

How Long Do Probationary Periods Typically Last?

Mon, 13 Aug 2007 03:36:34 GMT

Generally, after the child has been placed with the adoptive family for probationary custody, the social worker or court representative continues their investigation by monitoring the placement for six months. During this period of supervision, the assessor will make visits to the adoptive home at least once every two months to observe the family. They will talk to the family and child monthly, and may also check with the child's doctor and school to determine their progression, and if they are adjusting accordingly. At the end of the sixmonth period (this period will vary depending upon what state you live in), the assessor submits a written report to the court that sets forth, or declines, a recommendation on the pending adoption.

Can An Adopted Child Contact Their Birth Parents After Adoption?

Mon, 13 Aug 2007 03:36:54 GMT

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 all parties involved. Arrangements are often made at the time of adoption that allows the adopted child to keep in touch with brothers and sisters and other relatives from their birth family through an exchange of letters, photographs, and visitation rights. This type of arrangement is referred to as an "open" adoption, as opposed to a closed adoption, in which no contact is permitted with the biological family.

Can An Adopted Adult Contact Their Natural Parents After Adoption?

Mon, 13 Aug 2007 03:37:15 GMT

Yes. The primary way in which adult adoptees can contact their biological parent(s) or relatives is through adoption registries. Adoption registries allow adopted adults and birth parents, birth siblings, or other birth relatives to locate each other. If an adoptee registers through an adoption registry seeking their biological parent(s), the parent(s) will be notified of this request, and may choose to proceed with contact procedures through the registry. Vice versa, if the biological parent(s) or relatives of an adoptee register through an adoption registry, an adult adoptee will be notified that they are being sought by their birth family, and may, or may not, proceed with contact. However, at the time of adoption, birth parents or birth relatives may have filed a request for nondisclosure, or signed an adoption veto. An adoption veto is a document in which the biological family registers a refusal to be contacted by adoption registries, or prohibits the release of any identifying information

What Is A Closed Adoption?

Mon, 13 Aug 2007 03:37:46 GMT

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 have no say in who gets to adopt the child. Similarly, the adoptive parents will not have any information on the birth parents.

Can I Force An Agency To Release Information If I Am Involved In A Closed Adoption?

Mon, 13 Aug 2007 03:38:13 GMT

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 “open” the records for a showing of “good cause.” In some states, access to nonidentifying medical records is allowed.

Can A Court Consider Race When Determining My Qualifications As A Prospective Adoptive Parent?

Mon, 13 Aug 2007 03:38:57 GMT

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 not be the sole reason for determination.

Can Courts Consider Sexual Orientation As A Disqualification For Adoption?

Mon, 13 Aug 2007 03:39:14 GMT

It depends. There is modern trend to allow gay and lesbian adults to adopt children. However, some states have prohibited such adoptions.

Can Courts Consider Religion When Determining Qualifications For Adoptions?

Mon, 13 Aug 2007 03:39:43 GMT

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, religion cannot be the sole reason for denying an adoption. A few states allow for “Race Matching Statutes,” which prefer that a child be placed with adoptive parents of the child’s religion. Although there are some questions as to the legality of these statutes, most courts still apply them when they are practical and consistent with the child’s best interest and welfare.

Is There A Mandatory Waiting Period Before A Mother Can Release A Newborn Child For Adoption?

Sun, 04 May 2008 13:15:09 GMT

Generally, yes, there are time allowances in which adoption consent can be revoked, and in most states, the mother's consent is not usually final or binding until 4872 hours after birth; although some states operate under the Uniform Adoption Act, which allows a mother eight days from the time of birth to revoke her consent. During this time allowance, biological parents may revoke consent on the grounds of fraud or duress, such as misrepresentation by an attorney or the acting adopting agency, and can legally change their minds about the adoption. Further, even after the birth parents have given consent, and the child has been placed in the adoptive home for probationary custody, many states allow birth parents to revoke their decision within this probationary time frame, usually six months, and contest in a court of law that the child be legally returned. However, after a final order of adoption is ruled by a court of law; following the consent of birth parents, court assessments, and the probationary custody period, the ruling is, as it sounds, final. The child is legally bound to the adoptive parents, and the decision may not be challenged by the birth parents, or anyone else.

Can Prospective Parents Help With The Bills Of The Birth Mother During Pregnancy?

Mon, 13 Aug 2007 03:40:45 GMT

Yes. All states have specific laws which specify what birth mother expenses can and cannot be paid during an adoption, and there are limits imposed on the length of time a birth mother can be supported. It is a crime/adoption fraud for a birth mother to receive a lump payment not connected with actual expenses, or for her to receive extraordinary "gifts" such as a new car or other material possessions not allowed for in the adoption contract.

Can A Child Be "sold?"

Mon, 13 Aug 2007 03:41:03 GMT

Most state laws specifically prohibit and criminalize the sale of children for money.

Do I Need To Get Permission From Both Biological Parents Before I Adopt?

Mon, 13 Aug 2007 03:41:32 GMT

It depends. In order to adopt a child, you must have consent or permission from the natural parents indicating their intention to voluntarily extinguish parental rights. The issue then turns to whose consent is required. In all states, you must consent from the natural mother after the birth of the child, unless her rights were terminated. For the natural father, consent depends on the relationship between the father and the mother. If the father was married to the mother when the child was conceived or born, then the father must give his consent. This is true even if the parents are divorced or separated at the time of the adoption. For a child born out of wedlock, consent by the father is generally required when he has “earned” it. In other words, if the father takes responsibility of his paternity, or lived or supported the child in some capacity, then he has a right to the child. If however, the father is missing or does not acknowledge his paternity, then his consent is not required.

What If The Unwed Father Doesnt Know Of Adoption Proceedings Concerning His Child? Does He Have A Right To Know?

Mon, 13 Aug 2007 03:41:55 GMT

In some situations, an unwed father has gone missing, or is not in any contact with the mother. Because consent cannot be given, some states maintain something known as “putative father’s registries.” Any man who thinks he may be an unwed father can send his name and address to the state registry and will be notified of any pending adoption proceedings. However, the problem with state registries is that an unwed father may not know about them or it might be too late to protect his rights.

Can Domestic Partners Adopt Children Together?

Mon, 13 Aug 2007 03:42:18 GMT

Most states do not have laws that allow for domestic partners to adopt minor children. In some states, such as California, domestic partners are allowed to adopt the children of his or her partner under stepparent adoption procedures.

Do Siblings Have A Right To Visit Each Other After They Have Been Adopted?

Mon, 13 Aug 2007 03:42:36 GMT

Generally, yes. Lawmakers recognize that sibling bonds endure for a lifetime and are particularly significant to the siblings’ well being during difficult times. Some states have visitation statutes that let a court award visitation between willing siblings, even if the adopted parents do not agree.

What Happens If An Adoption Agency Lies To Me And Does Not Tell Me That My Adopted Child Has A Serious Medical Condition Or Some Other Fact That Would Be Important For Me To Know?

Mon, 13 Aug 2007 03:42:53 GMT

If an agency has intentionally misrepresented the health or condition of the adopted child at the time of the adoption, a growing number of states allow you to sue under wrongful adoption. In these situations, the parents do not want to return the child, yet they want compensation for the child’s extraordinary expenses, costs, and medical bills.

What Happens If I Want To Adopt An International Child?

Mon, 13 Aug 2007 03:43:08 GMT

A United States citizen who wants to adopt a child from another country must pass through three hoops before the child is considered legally adopted. First, the child must be adopted in accordance with the adoption laws of the foreign country. Second, the child must enter the United States legally through federal immigration laws. And third, the child must be adopted in accordance to state specific adoption laws.

Can Adults Be Adopted?

Mon, 13 Aug 2007 03:43:24 GMT

Yes. Many states allow adults to be adopted. Because the person is now an adult, concerns over the best interest of the child are not relevant. States impose a much less standard and simply require consent from all parties and an entry from the court.

What Is An Open Adoption?

Mon, 13 Aug 2007 03:38:30 GMT

If the adoptive and birth parents know each other and remain in touch after the adoption, this is referred to as an open adoption. The degree of openness in an adoption is determined by the parties involved and can be complex. For example, the birth father, mother, grandparents and other relatives or friends may be permitted by the adoptive parents to contact the child whenever they want. However, it is important to a successful adoption that all expectations, regarding openness and the roles set by the adoptive family and the birth family, be clearly communicated and agreed upon before adoption takes place, and understood by all parties.

What Are The Different Types Of Adoptions?

Mon, 13 Aug 2007 03:34:01 GMT

Adoptions takes place in various forms, and are generally classified as follows:

independent,
agency,
step parent,
relative placement, and
adult adoption.

Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary, i.e. a pastor, family friend, or doctor. Agency adoptions are handled through a child placement agency, such as a State Department of Social Services. Approximately twothirds of all adoptions in the United States are arranged through agencies. In a stepparent adoption, the family adopting is a birth parent with a new spouse; this usually follows a divorce or the death of a spouse. Adult adoption is the process whereby a person eighteen years or older is legally adopted by one or more persons eighteen years or older, and relative placement adoption occurs when the birth parents is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect, and another relative assumes physical custody and responsibility for the child.

How Do I Begin The Process Of Adoption?

Mon, 13 Aug 2007 03:33:22 GMT

To begin adoption proceedings, you must first have permission from either the child’s natural parent or parents, or the adoption agency in charge. Once you have permission, a petition is filed with the court and the child is placed in your home on a probationary basis. Once background checks, home study, and the probationary period are satisfied, a judge will review all of your qualifications as a parent. If the judge approves, then the judge will file a permanent decree of adoption – which means that you are now the legal parent and legally responsible for the child.

I Recently Got Married And My Husband Has A Child From A Previous Marriage. Can I Adopt His Child?

Mon, 13 Aug 2007 03:34:46 GMT

Yes. This is the most common form of adoption and is known as a “step parent adoption.” This type of adoption occurs when one spouse adopts the other spouse’s child, and the two raise the child as coparents. Because the child is usually already living with the coparents, stepparent adoptions involve simplified procedures. There is usually no need for a home visit or prequalification procedures. However, stepparent adoptions must balance the child’s best interest with the child’s other court ordered visitation rights. Visitations to the noncustodial parents, inheritance rights, and noncustodial grandparents’ visitation rights must generally still be allowed.