Adopting a child is a life-altering choice that must be carefully considered and planned. While the process might be intimidating, it is critical to avoid common blunders that can cause your adoption to be delayed or even halted. An adoption lawyer can help you understand adoption laws, so schedule a consultation today.
Here are some areas of adoption where special legal counsel and experience may be required.
Birth parents’ roles in adoption
The birth parents must sign a legal Termination of Parental Rights (TPR) agreement before they may adopt a child. This procedure entails a court hearing that results in a judicial decree. Only once the birth parent’s rights have been terminated can the adoption procedure begin.
Unfortunately, terminating the rights of birth parents does not necessarily finish this stage of the road for adoptive parents. The birth parents have a window of opportunity to alter their views and reverse their choice to terminate parental rights. Each state sets this window’s time restriction.
Even if the other birth parent has agreed to the adoption, you may have difficulty obtaining adoption approval from one of them. Finding an absent birth parent, for example, may prove challenging. Some states accept verbal consent, while others demand written permission.
The absent birth parent may also choose to withhold permission entirely. If you encounter this stumbling barrier, you may still be able to proceed with the adoption. You may need to show that the parent is unfit to be a parent owing to jail, a drug issue, unemployment, or any other circumstance.
Adoption that crosses state or national boundaries
An interstate adoption must follow the laws of the jurisdictions concerned. The Interstate Compact governs this procedure on the Placement of Children (ICPC), which applies to all 50 states. To guarantee compliance with both states’ child placement standards, all stakeholders in both jurisdictions must provide complete information.
Adoptions of children from other countries by US residents must comply with the terms of the Hague Convention, which establishes protections to protect the best interests of such children. The Intercountry Act 2000 authorizes the United States to adopt Hague Convention rules.
Adoptive parents are not obliged to apply separately for their adopted child’s US citizenship. The Child Citizen Act of 2000 grants automatic US citizenship to children adopted by US citizens.
Disability
When disabled people want to adopt, they may confront difficulties. These problems may appear directly contradictory to the legal safeguards provided by the Americans With Disabilities Act and the Rehabilitation Act, which ban disability discrimination.
Due to the lack of openness in the ranking systems used by adoption agencies, identifying discriminatory behaviors in the adoption selection process can be challenging. Disabled would-be parents may find themselves at the bottom of a long waiting list without recognizing that their disability counts against them.
