Can I Still Adopt a Child if I Was Arrested and the Charges Were Dropped?

Can I Still Adopt a Child if I Was Arrested and the Charges Were Dropped? thumbnail
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Child adoption is a complicated process even under optimal conditions. But should you be worried that a prior felony arrest will negatively affect this process even though the charges were dropped? Not necessarily.

  1. Adoption Attorney

    • Find an attorney who is experienced in adoption law. According to Georgia attorney Glen Edward Ashman, "Adoptions are complex paperwork even where everyone agrees... You want to use a lawyer who is experienced in adoptions."

    State Adoption Requirements

    • All states and U.S. territories have statutes regulating adoption. Criminal background checks will always be made. These statutes preclude adoption in cases of felony convictions. No specific mention is made regarding cases of dropped charges.

    Federal Adoption Requirements

    • Federal law also requires criminal background checks. But just as in state statutes, only felony convictions are mentioned. No mention is made regarding cases involving dropped charges.

    County Requirements

    • In many states the individual counties have ultimate jurisdiction. In these states, a felony or even a misdemeanor arrest may negatively impact the adoption process whether a conviction is obtained or not.

    International Adoptions

    • If you decide that you would like to adopt a child from another country, be aware that you will be dealing with the adoption laws of that country.

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  • Photo Credit baby holding thumb image by Mykola Velychko from Fotolia.com

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