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CHILD ADOPTION PROCESS:
ADOPTION HOME STUDY/ADOPTION HOMESTUDIES

The child adoption process

The governing law on child adoption process requires a written consent from the birth parents of the child to be adopted. There are however certain circumstances where the consent of birth parents are not required. If the child to be adopted is 14 years of age or older,  written consent to the adoption may be required. If the adoption involves a child who is 18 years of age or older, then only the written consent of the child is required. Also the prospective adoptive parents must obtain a favorable adoption home study or 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.

When is consent of the child's birth parents not required in child adoption process?

  • When his or her parental rights have been previously terminated pursuant to the law; 

  • When he or she has waived the necessity of his/ her consent to the future adoption of the child; 

  • When his or her identity is unknown and cannot be ascertained; 

  • When he or she has a mental condition which is either permanent or there is no reasonable likelihood that it can be reversed and which condition renders the parent unable to knowingly provide for the child; or 

  • When he or she has for six months immediately prior to the filing of the Petition to Adopt willfully abandoned the child or who has willfully, substantially and continuously neglected to provide for the child. The period is reduced to 60 days if the child to be adopted is below the age of one year.

The adoption home study (adoption homestudies) report

Is adoption home study (adoption homestudies) compulsory? If so, how do I obtain a favorable adoption home study (adoption homestudies) report?

Adoption home study or adoption homestudies is compulsory in all states. Prospective parents must undergo adoption home study (adoption homestudies), to ascertain that they can provide a normal healthy life for the child, based on the criteria established by state law. The adoption home study or adoption homestudies process involves educating the prospective adoptive parents about child adoption and home life, and evaluated in accordance with state laws. Adoption home study (adoption homestudies) is conducted by a state agency or licensed social worker, for the purpose of determining whether or not the prospective parents are fit to adopt a child. The adoption home study or adoption homestudies process involves the examination and study of  the adoptive parents' home life, educating them about child adoption as well as the preparation of an adoption home study or adoption homestudies report to be submitted to the court for review for the purpose of determining the prospective adoptive parents' suitability to adopt a child. Although adoption home study or adoption homestudies is required in all states, submission of adoption home study or adoption homestudies report is not required, and the state agency and the decision regarding the suitability of the child adoption lies with the state agency or the licensed social worker who conducted the adoption home study and prepared the adoption homestudies report.

 

An adoption home study (adoption homestudies) report usually includes the following:

  • financial stability
  • marital stability
  • lifestyles
  • other children
  • career obligations

  • physical and mental health
  • criminal history

Should the result of the adoption home study or adoption homestudies report be unfavorable, the prospective parents may contest it as part of the child adoption hearing or as a separate procedure, depending on your states rules on the matter.

Adoption process: Adoption home study (adoption homestudies) & getting the court's approval

The adoptive parents must first file a child adoption petition with the court before they can legally adopt a child. The court then sends notice of the adoption hearing to the following:

  • The child's birthparents.
  • The adoption agency, if the adoption is handled by an agency.
  • The child's legal representative, if one has been appointed by a court.
  • The child to be adopted if older ( usually 12 to 14 years old depending on the state).

  • Other persons who have a legal right or interest regarding the custody and/or welfare of the child.

If the judge finds that the adoption is in the best interest of the child, he or she will then issue a final order or decree of adoption, which legalizes the new parent and child relationship.

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