Adoption

The adoption of a child is a serious matter that requires a personal, emotional, and financial commitment that goes beyond the legal system. Depending on your wishes, circumstances, and geographical location, you may or may not have difficulty in finding a child eligible for adoption. Many children who are placed up for adoption were born to parents in other countries.

Many children involved in adoption proceedings are in foster care, or under some other state-supervised program after their natural parent’s rights to parenthood have been terminated.

In still other cases, adoption is sought by a stepparent who has married a child’s mother or father and now wishes to have full parental rights.

Unless the state has terminated a parent’s rights, a child cannot be adopted unless both parents have consented to the adoption. The rule may be different for children located overseas or in jurisdictions where adoption laws differ. Once a child is adopted, the adoptive parent assumes a legal responsibility to support the child. Adoption carries many legal consequences including rights of inheritance, and obligations relating to insurance and support.

Adoption cases are generally initiated by the filing of a compliant or petition for adoption. Most courts will then require an investigation by a state agency that deals with children or child protective services. A pretrial hearing is often held followed by a final adoption hearing. Contested adoption cases may require more protracted proceedings.

In cases involving the international adoption of children, the United States has signed a treaty known as the “Hague Conventional Inter-Country Adoption.” The treaty’s key objectives are to ensure that international adoptions take place in a manner which serves the best interest of the child, which enforces safeguards designed to prevent abduction, sale, or trafficking of children and which legally recognizes adoptions made pursuant to the terms of the treaty.