Legally Adopting A Child

A couple sits on the floor with a small child playing a board game

To legally adopt a child, you will need to understand the process in order to make important choices regarding the options available to you. The process and costs can vary depending on your state of residence, the type of adoption, and a few other factors, but regardless of those details, you always have the right to consult with your lawyer for advice and support throughout the process. An experienced, dedicated attorney specializing in adoption and family law can guide you through every step of the adoption process in your state, and, as a member of our legal subscription plans, you will be able to ask your attorney an unlimited number of questions regarding adoptions, get advice, get help with paperwork, have letters written on your behalf, and more, at no additional cost. In the meantime, here is a brief look at some of the aspects of adoption:

The Legal Process

Completing a profile of your family and home will help match you with children waiting to be adopted. Adoptions of infants will most likely be private domestic adoptions, while older children tend to be adopted through either international channels or through a state's foster system. Older children are sometimes part of a group of siblings hoping to be adopted together. Assistance may be available for families adopting children with special needs.

Domestic or International Adoption Services

As you might imagine, the process of adoption is more straightforward with domestic adoptions than with international adoptions. International adoptions often have more steps and may require international travel for at least one - and possibly both - potential parents. Once agency requirements are met and your home and family profile is completed, your family will be placed on a list for referral to adopt a child. Your preferences may be taken into account by the agency considering placement, but the agency ultimately chooses the child it feels will be the best fit for your home.

Private or State Adoptions

Private adoptions typically involve working with a private agency and/or a lawyer, while adoption processes through states involve working with government agencies. Because social services are primarily concerned with reuniting children with biological parent(s), private adoptions generally have shorter waiting periods than adoptions from state foster systems, particularly for infants and very young children. In the case of older children who have been in the state foster care system for a long time, biological parents may have already given up their parental rights, and this may make the adoption of older children faster and easier. In many cases, you may foster the child for months or even years before they return to their biological families or you get permission to adopt.

Open or Closed Adoptions

The amount and frequency of contact or the type and kind of information shared with adoptive families from birth parents are the main differences between open and closed adoptions. Open adoptions mean that birth parents may maintain some contact with the child, and/or receive updates and photographs of and about the child over time. In closed adoptions, information is sealed, and contact is restricted at least until the child reaches the age of majority. International adoptions are typically closed adoptions, while domestic adoptions may have room for negotiation with the birth parents to decide the type and kind of contact, interaction, and information exchanged.

Preparing To Adopt

After you begin the adoption process, there is a requirement of a home study or profile that must be completed. This ensures the fitness of the prospective parents, the ability to care for the child's needs, and more. A typical home study may include:

• Federal and state background checks

• Financial review

• A visit to your home

• Medical evaluations of both parents

• Interviews with all adults living in the home

These home studies or profiles are typically completed by a social worker who then submits recommendations to the adoption agency and the court. When a child is in the foster care system, this process is usually completed before a child is placed in the home.

Legal Adoption

The process of a legal adoption transfers the rights and responsibilities of biological parents to adoptive families, and the process differs slightly from state to state. It is important to discuss adoptions with your provider attorney familiar with the process in your state to better understand what to expect.

Getting Consent from Biological Parents

The process of getting consent from biological parents can often be difficult, time consuming, and often unknown. This step isn't always needed in every case; if a child's biological parents have passed away, the court waives the need for their consent, or if they have already given up their parental rights, you will be able to skip this step. If you work through an adoption agency, the agency usually handles this step if it is needed. In most international adoptions, this step will most likely already have taken place. Because laws regarding parental rights vary from state to state, you should speak to a qualified attorney about the laws in your state.

More Complicated Process For International Adoptions

Typically, international and state adoptions have more steps than private adoptions, but when adopting internationally, the child's country of birth may handle the adoption process. If both adoptive parents are able to travel, they may complete this process in that country and return to the US on an IH-3 visa. Lawyers often still recommend completing the adoption process in your state of residence so that local, state, and federal governments recognize the child as yours and a US resident.

Filing For Adoption

Adoption agencies can help you fill out paperwork relating to your adoption, and documentation of certain information may be required. To finalize the adoption, you will need to appear in court in front of a judge. The child will also need to be present, and you will answer questions under oath regarding your ability to support and raise the child, your rights and responsibilities as a parent, and more. Your attorney can help you prepare for this process.

Work With An Adoption Attorney

No matter where you are on your adoption journey, your legal subscription plan membership gives you access to dedicated, qualified, experienced adoption attorneys familiar with the laws and regulations of adoption in your state. While the process of adoption can be confusing and complicated, it can be so rewarding, and so much easier with the help of your provider attorney. Learn more about our legal subscription plans or sign up today!