Archive for the ‘Adoption’ Category

» An Overview of Adoption Law On Saturday, December 27th, 2008

A considerable number of people find themselves desiring to pursue an adoption each and every year. While there are some differences in the statutes and regulations governing adoption from one state to another, there are also a number of elements that all of the states have in common. By way of this article, an overview of the common elements of adoption law is provided. Armed with this information a person will be in the best position to pursue the adoption of a child.

The first step in any adoption process is the termination of the parental rights of the birth parents. This can be accomplished in one of two different ways. First, the birth parents can voluntarily surrender their parental rights. Second, if the parents are not willing to voluntarily surrender their parental rights there are instances in which the parental rights can be severed. This normally occurs in a situation in which the birth parents are involved in a situation in which they have been charged with abuse or neglect of the child.

Once the parental rights have been terminated, the child is then available for adoption. During this period of time, a home study is undertaken. The home study is a basic analysis to ascertain whether or not an individual or couple seeking to adopt a child is appropriate to become a parent. The home study consists of an actual consideration of the residential environment itself, the individual’s or couple’s work history and so forth.

Following approval through the home study process, oftentimes the child that is the subject of the proposed adoption can be placed in the potential parents’ home.

A petition is filed with the court seeking the court’s approval for the proposed adoption. The written home study will be filed with the court at this juncture as well. The home study really is a crucial element of the overall court case pertaining to the adoption itself.

The court will schedule a hearing within a specified period of time to consider all of the evidence relating to the adoption itself. Providing that everything is in order, the court will approve the adoption.

You need to understand that when an adoption is approved, it is permanent. There is no going back. When the court issues an order approving an adoption, the child becomes fully and completely the child of the adoptive parents as if that child was the biological offspring of the adoptive parents.

There are attorneys in business today that specialize in adoptions. In some instances, these lawyers not only handle the legal aspects of the adoption itself they also assist couples in finding a child in the first instance. Therefore, a person or couple interested in adopting a child will want to focus their efforts on finding an attorney that specialized in this area of the law. Moreover, depending on the circumstances of an individual or couple seeking to adopt, it can also be important to identify a lawyer that can assist in locating a child available for adoption in the first instance.

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