Procedures for a Legal Adoption

It can take a couple a long time to be able to adopt a child. Since courts want to be sure they are giving children to capable and stable parents, prospective adoptive parents must be thoroughly checked out by social workers before they can adopt. In the end, though, it is the decision of a judge as to whether or not a couple or person will be allowed to adopt.

Adoption Through an Agency or Person

First, birth parents must consent to giving up their baby for adoption. Though every state varies on their exact rules, most won’t allow birth parents to consent to adoption until at least a few days after the baby is born. Then, some states offer the birth parents up to three months to change their mind after the child has already been adopted.

Before prospective adoptive parents can adopt a child, they will have to undergo home studies, which are conducted by licensed social workers. According to Nolo, the social worker will consider: financial stability, marital stability, lifestyle, other children, career obligations, physical and mental health, and criminal history. After the home study, the social worker will give the court either a good or bad recommendation.

After prospective adoptive parents file an adoption petition with the court, they must go through an adoption hearing. At the hearing, the judge will consider the recommendation from the social worker and will decide if the adoption is in the best interest of the child. If she has decided that it is, she will issue an order called a final decree of adoption, which will legalize the new parent-child relationship. At that time, the new parents may change the child’s name if they want.

Step-Parent Adoption

Step-parents do not have to go through the same procedures as completely unrelated parents. As long as the biological parent who will be replaced by the step-parent consents to adoption, the step-parent can adopt his or her stepchild. However, if the biological parent does not consent, the step-parent may only adopt the child if the biological parent has his or her rights removed by being an unfit parent, having abandoned the child, or if it is the father, if he can be proved to not be the real biological father.

Gay and Lesbian Adoption

Gay and lesbian adoption rights vary widely state by state. The only way for a gay person to legally have a child in all states is if he or she is the biological parent. However, this does not always allow his or her partner any rights at all. If one of the partners in a gay or lesbian relationship is the biological parent of the child, the other partner may be able to adopt the child the same way a step-parent or second parent would in some states. However, there are a few states who do not allow second parent adoption by gay people. For gay men and women who wish to adopt through an agency, they must check with their state law as well. Some states allow gay couples to adopt and others do not. For example, Florida doesn’t allow any “homosexual” to adopt, but Alabama allows any single adult or married husband and wife to adopt. Generally in states where same-sex marriage is legal, same-sex partners may adopt through step-parent adoption procedures.

References

• Nolo: Divorce and Family Law
• Lambda Legal: In Your State