By Drew Hickey, Attorney at Law
Bolen Robinson & Ellis, LLP
Adoption is one of the most meaningful areas of law that I work in. While many legal matters involve disputes or difficult situations, adoption is about helping families grow and creating stability for children. That said, it can be difficult understanding the adoption process with important steps and requirements, and it is helpful for families to understand what the process involves before getting started.
People often ask about the different types of adoption, what legal requirements must be met, what rights birth parents have, and what a home study or investigation involves. While every situation is different, there are some general parts of the adoption process that most families can expect.
Types of Adoption
There are several different types of adoption, and the process can vary depending on the situation and the people involved.
Private adoption typically involves adoptive parents working directly with the birth parents, often with the assistance of attorneys. In these situations, the parties may agree on the terms of the adoption and whether there will be any future contact.
Agency adoption involves a licensed adoption agency that helps match adoptive parents with a child and assists both the birth parents and adoptive parents through the process.
Stepparent adoption occurs when a stepparent adopts their spouse’s child. In many of these cases, the parental rights of the other biological parent must either be terminated or that parent must consent to the adoption.
Relative adoption, sometimes called kinship adoption, occurs when a family member such as a grandparent, aunt, uncle, or older sibling adopts a child.
Foster care adoption involves adopting a child who is currently in the foster care system. These cases often involve additional steps and coordination with the state.
Each type of adoption is a little different, but all adoptions must ultimately be approved by a court before they become final.
Legal Requirements for Adoption
Because adoption is a legal process, there are several requirements that must be completed before an adoption can be finalized. While the exact process can vary depending on the type of adoption, most cases involve similar steps.
In most adoption cases, the process includes:
Filing a petition for adoption with the court
Background checks for the adoptive parents
A home study or investigation
Consent from the birth parents or termination of parental rights
One or more court hearings
A final adoption order entered by a judge
In every adoption case, the court’s primary concern is the best interests of the child. The judge must be satisfied that the adoptive home is safe and stable and that all legal requirements have been met before approving the adoption.
Birth Parent Rights
Birth parents have important legal rights in the adoption process. In most cases, a child cannot be adopted unless the birth parents either consent to the adoption or their parental rights are legally terminated by the court.
Depending on the situation, birth parents may have:
The right to consent to the adoption
The right to object to the adoption
The right to receive notice of court proceedings
The right to revoke consent within a certain period of time (depending on state law)
In some cases, parental rights may be terminated by the court without consent, such as in situations involving abandonment, neglect, or an inability to care for the child. Termination of parental rights is a serious legal matter and must be approved by the court before an adoption can move forward.
Home Study and Adoption Investigations
Many adoptions require what is called a home study, which is an investigation conducted to make sure the adoptive home is safe and appropriate for a child. This is a standard part of the adoption process and is not meant to intimidate adoptive parents, but rather to ensure that the placement is in the child’s best interests.
A home study typically includes:
Background checks
Home visits
Interviews with the adoptive parents
Financial and employment information
Health information
Personal references
Discussions about parenting plans and expectations
After the home study is completed, a report is prepared and submitted to the court. The judge will review this report before finalizing the adoption.
Finalizing an Adoption
Once all of the legal requirements are completed, the adoption will be finalized in court. The judge will review the paperwork, the home study, and any required consents, and if everything is in order, the judge will enter a final adoption order.
After an adoption is finalized:
The adoptive parents become the child’s legal parents
A new birth certificate may be issued
The child has the same legal rights as a biological child
The adoptive parents assume all legal responsibilities for the child
Finalization hearings are often very meaningful for families because it is the official legal step that completes the adoption process.
Understanding the Adoption Process
Adoption is a legal process, but more importantly, it is a life decision that affects families and children for many years to come. Every adoption situation is different, and it is important to make sure the process is handled correctly and thoughtfully.
If you are considering adoption, have questions about the process, or are involved in an adoption situation, it can be helpful to speak with an attorney who can explain the process and help guide you through each step. Contact me to learn more about the process and your options.
About the Attorney
Drew Hickey is an attorney with BRE Law who works with families on adoption matters, guardianships, and other family-related legal issues. Her adoption work includes stepparent adoptions, relative adoptions, private adoptions, and assisting families through the legal process required to finalize an adoption in court.
Drew understands that adoption is not just a legal process, but a significant life event for families and children. She works closely with clients to guide them through each step of the process, from filing the initial paperwork through the final adoption hearing, making sure the process is handled correctly and as smoothly as possible.
If you have questions about adoption or the legal process involved, Drew can help you understand your options and the steps required to move forward.