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Adoption

Adoption

The decision to adopt a child or put a child up for adoption can be very complicated. Since the welfare of the child is important, there are often many legal measures in place to ensure the success of the adoption. Whether you are pursuing adoption though an adoption agency or through private channels, there are certain adoption laws you need to know. If you are considering adoption, an attorney who is familiar with the adoption law can answer your questions and may be able to make the process easier.

Adoption Creates Families

An adoption is a court order that establishes a parent-child relationship. After an adoption is finalized, the adopted child is legally treated as if he or she was the biological child of the adoptive parents. The adopted child is entitled to receive support, benefits and inheritance from the adoptive parents.

Adoption also Ends Families

An adoption also severs the relationship between the adopted child and the biological parents. Once a child is legally adopted, the biological parents have no obligation to the child, nor do they have any rights regarding the child, including how the child is raised. The relationships that are created and severed by adoption also apply to extended families. For example, the biological grandparents of a child that is adopted by another family do not have any child visitation rights.

The Issue of Consent

Unlike a divorce proceeding, in which the best interests of the child are taken in account, the rights of the biological parents are given the most weight in adoption matters. The right to be a parent is a fundamental right, making consent to give up a child for adoption very important.

Generally, in cases not involving abuse or neglect, the biological parents must consent to the adoption of the child. For the biological mother's consent to be binding, consent must have been made after the child was born and free from fraud or duress. Even if the biological mother consents to the adoption before the birth, most states afford the mother a small period of time after birth to decide to revoke her consent. There must also be consent by the biological father, if his identity is known or he can be located.

In extreme cases, the state may act to terminate parental rights, allowing for a child to be adopted without parental consent.

Adoption in Today's World

Adoption and the law are changing with modern society. There are new issues emerging, such as international adoptions, which adds the element of immigration and requires filing with the Department of Homeland Security. Other issues include adoption by same-sex couples or adoption by a single parent.

Pursuing an adoption can be an emotional and exhaustive undertaking. Adoption laws vary from state to state and the process can be confusing and discouraging. An adoption attorney can help untangle the process for you. Protect your rights to forming or ending a parent-child relationship by working with an adoption attorney near you.