Adoption

Adoption is the process of assuming legal parental rights for a minor child, whether it be a new child you are bringing into your home or a child with whom you already have a relationship. There are many ways to adopt:

Agency Adoptions

In an agency adoption, a child is placed with adoptive parents by a public agency or a state-licensed private agency. Although Marshall Law PC is not an adoption agency, we can function as a legal resource to guide you through the process.

Independent Adoptions

Private or independent adoptions place the child directly with adoptive parents; no agency is involved. This can be a direct arrangement between the birth parents and the adoptive parents, or an intermediary such as an attorney, doctor, or clergyperson can assist with the process. However, an attorney is essential to handle the legal details of most independent adoptions whether or not an intermediary is used.

International Adoptions

When parents adopt a child who is a citizen of a foreign country, they must acquire an immigrant visa for the child through U.S. Citizenship and Immigration Services (USCIS, formerly called the INS) in addition to satisfying the adoption requirements of both the foreign country and the parents' home state.

USCIS has its own rules for international adoptions: for example, it requires that the adoptive parents must be either married or, if single, at least 25 years old. Prospective adoptive parents must also submit several forms and a favorable home study report. If the adoption is approved, the child will become a U.S. citizen upon entering the United States, but will not receive an official certificate of citizenship for several weeks.

Many other countries do not allow openly gay or lesbian parents to adopt: China, for instance, requires prospective parents to sign affidavits affirming that they are heterosexual. Nevertheless, gay and lesbian parents have successfully completed many international adoptions.

Stepparent Adoptions

This type of adoption occurs when a parent's new spouse becomes the legal parent of a stepchild. Stepparent adoption procedures are very easy when the child's other birth parent consents to the adoption. However, if the other birth parent cannot be found or refuses to consent to the adoption, the process becomes more complicated and may require the assistance of an attorney.

Domestic Partner Adoptions

In some states, registered same-sex domestic partners can adopt the children of their partners via the stepparent adoption procedures.

Relative (Kinship) Adoptions

In a relative or kinship adoption, another member of the child's family takes legal responsibility for the child – e.g., grandparents often adopt their grandchildren if the parents die or become unable to care for the children. These adoptions are usually easier than non-relative adoptions; if siblings are separated, they provide for contact between the siblings after the adoption.

Consent to Adoption

The child's birth parents must consent to make any adoption legal (unless their parental rights have been legally terminated).

State laws differ widely on when birth parents can consent to give their children up for adoption. In most states, consent cannot be given until the child is born, and some states require a longer waiting period after the birth. This means that birth parents can legally change their minds about the adoption at any point before the birth of the child, no matter what arrangements have been made.

Many states also give birth parents a specified period of time (sometimes as long as three months) to revoke their consent after the child is placed in the adoptive home. This can be a very stressful time for the adoptive parents, who are caring for the child wthout knowing whether he or she will be allowed to stay.

To minimize the likelihood of birth parents changing their minds after the child has been placed, some states require mandatory counseling before consent can be given.

Investigation/ Home Study

All states require an investigation or home study to ensure that potential adoptive parents are fit to raise a child. Usually, a state agency representative or licensed social worker visits the adoptive parents, observes their home life, and prepares a report that the court will review before the adoption can take place.

Some states do not require court approval of the home study report; instead, the agency or social worker decides whether the prospective parents are fit to adopt (although a court must still approve the adoption).

During the investigation, the social worker will interview the parents about a number of subjects, including the following:

• financial stability
• marital stability
• lifestyle
• other children
• career obligations
• physical and mental health
• any criminal history

In recent years, the home study has also become a way to educate adoptive parents: during the interviews, the social worker may raise issues like how to talk with the child about being adopted and how to inform friends and family about the adoption.

If the social worker or the court determines that you are unsuited to adopt, you may contest the decision. Some states have a separate appeal procedure and other states make the appeal part of the adoption hearing.

The attorneys at Marshall Law PC can guide you through the complicated legal issues surrounding an adoption. Call us at (619) 298-5778 or contact us online.