Adopting Children
Adoption is when an adult legally becomes the guardian of a child and assumes the rights and responsibilities of raising and providing for that child. According to adoption law, when the adoption process is completed, there is a legal relationship that has been formed between the child and adoptive parent. The child in the adoptive relationship is usually given up for adoption or his or her birth parents are unable or unfit to raise the child. In most cases, the child’s last name is changed to the adoptive family and an amended birth certificate is issued.
Adoption law varies from state to state within the United States. There are no federal or universal adoption laws, so any potential parent looking to adopt should consult with state adoption law to understand what to expect. In most cases state adoption laws allow for one of two types of adoption– open and closed adoption. According to some state adoption laws, however, only allow one of these two types of adoption are allowed.
Open Adoption:
An open adoption is an adoptive process by which the birth parent(s) choose the family that their child is adopted to. In some cases, open adoption allows for the birth parent(s) to have a relationship with the child in some capacity, even though adoption law permits the adoptive parents the legal responsibility for the child. Other times, the birth parent(s) do not stay in contact with the child, but may be contacted in the future as the child gets older and the adoption files are unlocked. Open adoption is a relatively new type of adoption process that has not traditionally been allowed or recommended by adoption law.
Closed Adoption:
Closed adoption, according to state adoption law, involves a birth parent(s) to give up all their rights to a child and they agree to allow an adoption agency to take over the process of adopting the child to another family. Once a birth parent has given up the right to raise his or her child, they cannot revoke that forfeiture according to adoption laws.
Does the Federal Government Have a Say in Adoption Law?
Generally, state adoption laws have the final say in what is and is not allowed during adoption procedures. Even so, Congress has put money into many state adoption programs, in return for the cooperation of several federal adoption mandates.
Adoption Procedure:
While adoption processes may vary from state to state, the general process of adoption typically carries out the same way in all states. If potential parents have made the decision to adopt a child, their first task is to petition a court to grant them adoption. Once they have filed the adoption papers, they are given a date for a home study, which involves a social worker examining the potential parents’ home and behavior. Once the social worker approves the adoptive parents for adoption, the adoption process moves into the hands of an agency, which helps search for a child based on criteria you are looking for. Once a child is found, the final stages of the adoption process can begin. If it is an open adoption, the birth parents are usually involved in the interviewing process of the adoptive parents. The entire process can take anywhere from several months to several years.