|
. |
CHILD ADOPTION LAWS
Child adoption laws govern child
adoption processes. Child adoption is defined as a legal process
whereby a child becomes a full and permanent member of a new family.
Thus child adoption creates a new parent-child relationship,
transferring to the adoptive parents all parental responsibilities
which generally cannot be revoked, except in very rare
circumstances. There are three sets of participants in a child
adoption process: we have the adoptive parents, the child to be
adopted, and the birth parents or natural parents of the child.
There are two broad categories of child adoption laws; the law on
domestic child adoption and the law on
international adoption.
Child adoption usually results in parental right termination with
respect to the child's natural parents, unless there exists a
previously made contract which allows the natural parents to retain
or share some parental rights with the adoptive parents. In the case
of a stepparent adoption, only the parent without custody of the
child losses parental rights and authority, but the grandparent
(parent of the non-adopting natural parent) may retain his
visitation rights even after the adoption is granted.
Also the prospective adoptive parents must obtain a favorable
adoption home study (also called
adoption homestudies) report from
a state agency or a licensed social worker before the court will
give its approval to the petition for adoption. The purpose of the
adoption home study (adoption
homestudies) report is to examine and study the home life of the
prospective parents to determine whether or not they are are fit to
adopt a child.
Top
Any single adult or
a husband and wife together may petition for child adoption. Most
States will grant child adoption to a person to adopt without his or
her spouse if the couple is legally separated or the other spouse is
unavailable or unreasonably refuses to consent to the child
adoption. In some States a minor is permitted to adopt. A few States
have special requirements for prospective adoptive parents. For
example, there must be a certain age differential between the
adopted child and the adoptive parents; the adopting parent must
live in the State for a certain period of time before being able to
adopt; or the prospective adoptive parents and child to be adopted
must live together for a period of time prior to the adoption. In
general, a person or couple with good steady income, who leads a
normal healthy life, qualify for child adoption.
Child adoption laws
of all states permit both domestic adoption as well as
international adoption, the
latter of which is becoming more and more common these days, which
involve yet another type of law: Federal
immigration laws
and policy, which control the issuance of visas to foreign children.
Many States have, by statute, created special guidelines and
procedures for adopting foreign-born children or for recognizing
child adoptions finalized in other countries. There are now a number
child adoption agencies in the U.S. specializing in international
adoptions.
Top
Agency Adoptions
Agency Adoption involves
public or private agencies. Public agencies are responsible for placement of
children who have been abandoned, became orphans, or been subjected to child
abuse. Private agencies (usually run by charities or social service
organizations), in most cases, have in their care children brought by
parents who want to give up their children for adoption, or by pregnant
mothers who do not want the child or unable to provide support for the
child.
Independent Child Adoptions
All except for a few States
like Connecticut, Delaware, and Massachusetts, have child adoption laws that
allow "non-agency" placements of children for adoption. This type of child
adoption is often referred to as "private" or "independent adoption." One
type of independent child adoption allowed in almost every State is the
'direct placement" of a child by the birth parent with adoptive parents.
Several states, such as Minnesota, have detailed statutory regulation of
direct placement or independent child adoption process in order to protect
the birth parents and child. Another type of independent child adoption
involves a third-party who serves as an agent either to the birth or
adoptive parents. This intermediary, most often an attorney, doctor, or
clergyman, brings the birth parents and the adoptive parents together. The
regulation of independent adoptions vary by State. Some State laws are
silent regarding independent child adoptions, other States impose special
independent child adoption requirements, such as child
adoption home study or adoption homestudies conducted prior to placement
of the child for adoption, greater scrutiny of fees, or wider leeway for
judges to reject these independent child adoption placements. Such
regulations arise from a general belief that these placements are more
costly, more likely to unravel, and more subject to unscrupulous conduct by
persons seeking to profit from placing children for adoption.
Identified Child Adoptions
Identified child adoption
process is one where the adopting parents locate the natural mother or vice
versa and let a child adoption agency take over the rest of the child
adoption process. This type of child adoption process is a mixture of
independent adoption and agency adoption, thus the prospective adoptive
parents reap three benefits from this arrangement: first, they are spared
the waiting lists of agencies by finding the parents themselves; second, by
handing over the rest of the task to the child adoption agency, the
prospective parents benefit from the expertise and experience of said
adoption agency in handling child adoption legalities and other services
such as counseling, and third, identified adoptions may serve as an
alternative to independent adoptions. An identified, or designated, child
adoption is one in which the adopting parents locate a birthmother (or the
other way around), and then ask a child adoption agency to take over the
rest of the
child adoption process. In this way, the
child adoption process is a hybrid of an independent adoption and an agency
adoption. Prospective parents are spared the waiting lists of adoption
agencies by finding the birthparents themselves, but reap the other benefits
of adoption agencies, such as their experience with child adoption
legalities and their counseling services. Everyone may simply feel more
comfortable if a child adoption agency is involved. In states whose child
adoption laws ban independent adoptions, identified adoptions may serve as
excellent alternatives to independent adoptions.
Domestic Child Adoptions
Domestic adoption is a child
adoption process whereby the child to be adopted is from within the United
States. This means that you don't have to worry about
US immigration laws and
authorities, the socio-political conditions of the source country, or the
immense difficulties as well as the high expenses associated with
international travel.
International Adoptions
(also known as Foreign Adoptions or Alien Adoptions)
As opposed to domestic
adoption, international adoption involves adopting a child from outside the
United States. The process involves obtaining a U.S. immigrant visa for the
child through the
Bureau of Citizenship and Immigration Services, formerly known as,
U.S. Immigration and
Naturalization Service, which has its own rules for international
adoptions.
Relative Adoptions
Relative adoption is one
wherein the adoptive parent and the child are related by blood or marriage,
such as when a stepparent adopts his/her spouse's child from a previous
marriage or partner; or when grandparents adopt their grandchildren if the
parents die or are rendered incapable of carrying out their parental
obligations.
Back to Top
|