Adoption
Adoption is the court procedure by which a child born to one set of biological parents becomes the legally recognized child of a new couple or a new person. Adults may also be adopted. Generally this procedure eliminates all the rights and duties of the natural parents including visitation with the biological children. This procedure once finalized is permanent and in all but the most exceptional cases irreversible.
There are several ways that a child can be placed for adoption. A child may be placed for adoption by a licensed adoption agency, by a direct placement, where the biological parent places the child directly in the home of an unrelated party, or by a biology parent to a stepparent. All of the above require a court order granting the adoption and a home study by a social services agency.
Adoption procedures may vary somewhat from state to state, and from circumstance to circumstance but in general you can expect the following. An attorney or the adopting parent files a petition for adoption In Pro Per or In Pro Se (without an attorney) in a court which has jurisdiction over the adoption. If the biological parent(s) consent to the adoption, the consent is also filed in the court. In some cases the biological parent(s) will be asked to appear in court and inform the court that he has consented to the adoption. In some states a child over a certain age must also consent to his own adoption. Next is the Order of Reference, which refers the case to an adoption agency or state department of social services for the completion of a home study of the adoptive parent(s). Generally, a social worker will be assigned to the case, and will interview the parents and the child at home and file a report with the court. Most social service agencies charge a fee for preparing this required report. If all goes well the next step will be for the court to enter an interlocutory order (temporary order) granting custody to the adoptive parents or a final order, depending upon the procedures in the jurisdiction. A final order of adoption makes the child the legal child of the adopting parent(s) and changes the name on the birth certificate if that is requested.
In the case where the biological parent is unknown, will not consent to the adoption, or cannot be found, the court may nevertheless order the adoption. However, the parental-child bond is considered one of the most guarded bonds under the law, and it may be very difficult and expensive to terminate parental rights through a court order. The court may need to determine that the absence biological parent is truly unknown, or unfit, and that it is in the best interest of the child to be adopted. Consent is by far the easiest and least expensive method to obtain the adoption.
Call Clancy & Slininger for experienced legal assistance when considering entering into the adoption process.
