Adoption Law
Adoption is a legal procedure wherein a mature person becomes officially recognized as the parent of a child who has different birth family, and was not his or her biological child. Adoption formally grants the adoptive parents a child and parent relationship bestowing the legal rights and responsibilities, including child support obligations, inheritance rights, custody and other legal matters. In most states when the adoption is finalized, the name of the adopted child is legally changed, and a court order will take effect for a new and amended birth certificate.
There are many ways to adopt a child. These are the most common:
Agency Adoptions – Agencies from private and public sectors offer adoption services, and are closely monitored and regulated by the government. Resources like this are frequently inexpensive; drawbacks are long period of waiting, application process are quite complicated, and home study procedures.
Private Adoptions – Adoptions are from private or individual birth families without the involvement of an agency; adoption procedure is faster and more organized. A major downside is that it tends to be more expensive due to none government subsidies and support services. In several states private adoptions are illegal.
International Adoption – Adoptions from another country is fairly complex and time consuming, retaining an experienced legal counsel is often required to handle international adoptions. Several requirements can include satisfying the adoption criteria set by the United States and the child's home country, and filing proper visa document for the child.
Stepparent Adoptions, Kinship Adoptions and Domestic Partner Adoptions – Parents that are remarried and have their new spouse adopt their child from a previous relationship will require the written consent of the other biological parent, if consent is denied the stepparent can file for a petition to the court to terminate the parental rights of the biological parent. Provided that the adoption is uncontested, stepparent and kinship adoptions are rather simple. In states that recognize the same sex union domestic partners can adopt under stepparent laws.
There are different types of adoption:
Open Adoption is an adoption with a continuing communication between the birthparents and adoptive family including having contact through letters, pictures, phone calls, or visits.
Semi-Open Adoption is an adoption where the birthparents and adoptive parents can meet, but does not involve exchanging identifying information. Contacts between the two parties can be facilitated through the agency.
Semi-Closed Adoption facilitates hopeful parents to peruse a number of profiles of couples that are waiting to adopt, who are also have been studied and approved by the Adoption Service. The selection of adoptive parents relies on the birthparents, but there is no contact, and no exchange of primary information among both parties.
Closed Adoption is adoption that offers full confidentiality. There is no communication and formal contacts among both parties. The Adoption Services with consent from birthparents will choose adoptive parents from their approved, waiting list of couples.