Adoption key to family law
Adoption is when an adult legally assumes the role of a parent for a child. Adoptions happen for numerous reasons, such as when the child’s birth parents are unable or unwilling to care for their child, when the birth parents are deceased, or when one birth parent remarries a spouse who wishes to assume legal parental rights.
Adoption can take place through a number of methods, ranging from adopting through an agency that places children with adoptive parents, adopting independently through an arrangement between the adoptive and birth parents, or adopting a child from another country.
Terms to Know
Birth parent – The genetic mother or father of a child
Confidential adoption – An adoption in which the birth parents and adoptive parents never meet or exchange identifying information; also called a closed adoption
Foster parent – An adult who acts as a parent or guardian without legally adopting the child
Hague Convention on Intercountry Adoption – An international treaty that governs how prospective adoptive parents can legally adopt children from other countries
Home study – A study of a prospective adoptive parent’s home in order to determine the household’s ability to properly care for and nurture an adopted child
Open adoption – An adoption in which the birth parents and the adoptive parents have contact with each other before and/or after the adoption becomes final; also called a cooperative adoption
Termination of parental rights – A legal process that permanently terminates a parent’s rights and obligations to care for their child
Types of Adoption
Depending on the needs of the birth parents, adoptive parents, and child, parties to an adoption have several different types of adoption to choose from. FindLaw’s Types of Adoption sub-section includes a variety of articles and resources about the different types of adoption, which will help prospective parents and others involved in the process make informed decisions. An adoption may be brokered through an agency or independently, while children may be adopted locally or internationally. Articles cover such topics as adopting as a same-sex couple, kinship (or relative) adoptions, adoption of a stepchild by a parent’s new spouse, the pros and cons of the various different kinds of adoption, and more.
Agency Adoptions
Overview of the various costs and procedures prospective parents will likely encounter when choosing an agency adoption; the difference between private and public adoption agencies; and more.
Independent Adoptions
Information about independent adoption, which is the main alternative to adopting through an agency, including the advantages/disadvantages of independent adoption and a list of states prohibiting its practice.
Open vs. Closed Adoption
A comparison of open adoption, in which the adoptive parents meet and sometimes keep in touch with the biological mother, to closed adoption, in which there is no such contact.
Stepparent Adoption FAQs
Answers to frequently asked questions about adopting a child as a stepparent, including the rules for obtaining consent from the birth parents, the need for legal representation, and more.
International Adoptions
Collection of articles and resources pertaining to international adoption; including articles on inter-country adoption costs, adopting a child from a different race or culture, and related matters.
Same-Sex Adoption
Various articles and resources specifically for gay and lesbian couples who would like to become parents through adoption, including different types of adoption and legal issues for same-sex couples.
