Adoption Procedures
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Choosing A Child
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The reasons for adopting vary and thus how an adoptive parent finds a child to adopt varies as well. This may be an aunt adopting her sister's orphaned children. It may be a step-parent adopting a step-child or through an agency a child that has become a ward of the state or is being given up by her biological parents. If you are related or know the child you are adopting, an agency is not needed, but if you want to adopt a child in need you will need to find an agency that can help match a child to your family. Heartsent Adoptions is an agency that helps prospective parents find children in the United States or overseas.
Petition for Adoption
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All adoptions within the United States must have a family court hearing that reviews the petition and all pertinent information regarding the adoption. A Petition for Adoption will state the names and contact information of the adoptive parents, any relationship between the new parents and the child, the reasons the biological parents are relinquishing their parental rights, and statements as to why the adoptive parents are the best candidates and why the adoption is in the best interest of the child. If the adoption is through an agency, you will not need to consult with an attorney. If you are not adopting through an agency, you may want to consult an attorney to make sure your rights, the child's rights and the biological parents' rights are protected. A court investigator may be assigned to review the home of the prospective parents. Biological parents will confidentially terminate their parental rights through agency adoptions or can challenge the petition if they are trying to retain their parental rights.
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The Hearing
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A hearing officially determines parental rights. A biological parent may challenge the Petition for Adoption with his own petition prior to this hearing. A Termination of Parental Rights (TPR) is filed and usually allows four months to allow a parent to regain his or her child. This is a common waiting period for foster parents. Other planned adoptions usually have a voluntary waiver of parental rights, which is validated by court order where the parties make the change of parental rights official. At the hearing, the judge will review all pertinent information including agency fees. Adoptive parents, agency representatives and children over the age of 12 will be required to sign the Order of Adoption in open court with the Adoption Agreement. The adoption is complete at this point.
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