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US ADOPTIONS
Adoption is a court procedure in which an adult becomes legally recognized as the parent of someone who is not his or her biological child. Adoption formally establishes a parent-child relationship for all purposes, including child support obligations, inheritance rights and custody.
The legal rules regarding adoption vary significantly from state to state. Additionally, whether you choose to adopt through a state agency or private organization can also bear significant influence on the adoption process.
There are many ways to adopt a child. The most common are:
Agency Adoptions: Both private and public agencies offer adoption services. These agencies are heavily monitored and regulated by the government, and are generally less expensive than other resources. As a drawback, agency adoptions usually involve long waiting periods, a complicated application process, and home study procedures.
Private Adoptions: With private or independent adoptions, a child is placed with adoptive parents without the involvement of an agency. As a result, the adoption process is often faster and more efficient. The major drawback is that private adoptions are usually more expensive because of the absence of government subsidies and support services. Private adoptions are also illegal in several states.
Step-parent Adoptions: It is becoming more common for parents to remarry and have their new spouse adopt their child from a previous relationship. In order for a step-parent to adopt, he or she will need the written consent of the other biological parent. If this consent is denied, the step-parent must petition the court to terminate the parental rights of the biological parent.
All adoptions, whether through an agency or done privately, must be approved by a court. The adoptive parents must petition for approval from the court as well as participate in an adoption hearing.
Additionally, prior to any hearings, anyone who is required to consent to the adoption must receive notice. This includes any biological parents, adoption agencies, the child's legal representative (if a court has appointed one), and the child if he or she is old enough.
If the court determines that the adoption is in the child's best interest, the judge will issue an order approving and finalizing the adoption. This order, usually called a Final Decree of Adoption, legalizes the new parent-child relationship, and changes the child's name to the name the adoptive parents have chosen.
Because of the complexity of the adoption process, it may be wise to consult with a lawyer. Speaking with the proper attorney will help you understand your rights and obligations as well as preserve any possible remedies you may have.
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