Adoption is a lawful process of establishing parenthood rights over a child that is not biologically related to the prospective parent(s). If you have made the decision to adopt a child there are a few things to consider before signing any adoption paperwork. The adoption process requires a clear understanding of many factors that include the cost of adoption, the mandatory background checks, the court petition, the home study, and the type of procedures that apply for your type of adoption. The procedure tends to be long, ensuring that the prospective parent(s) are well informed and committed to parentage obligations before they take a child home.
If you are considering adoption in San Diego, you may have a law expert review your case to ensure that your paperwork is filed correctly for adoption. There have been multiple cases where adoption cases end up in court due to faulty adoption agreements. If you wish to learn more about the adoption laws and to learn the best way to become a parent you are encouraged to speak with a family law expert. The San Diego Family Law Attorney can be reached at 619-610-7425. We are ready to assist you in the next steps towards your parenthood.
The following questions will answer some of the more common concerns that arise after individuals become interested in adopting a child. Adoption is not for everyone, to make an informed decision you should consult with various individuals and gain as much information as you can before you bring a child into your life.
What is a home study?
First and foremost, prospective parents will need to complete a home study which is required in every state before adopting a child. The home study is an exciting part of the adoption process that takes you a step closer to becoming a parent. During the home study, the prospective parents undergo an analysis or ‘test’ where they must prove to state agencies that they are ready to adopt a child. The process is to ensure that the parents are fully educated about adoption laws and about the issues or complications that one may face when it comes to raising that may not be biologically related to either parent. States conduct home studies differently from one another, but for the most part, you will be required to attend a series of interviews and may have to undergo ‘training’ to ensure that you have the knowledge to raise an adopted child. In addition, you will be asked to provide health and financial reports to ensure that you are financially and healthy enough to deter any complications that may arise after the adoption. You will also have a home inspection to determine if you can provide a safe and proper home. Amongst other things, you will be required to have a clean criminal background to ensure that the child is going to a non-abusive home.
The home study portion is long and can be tedious, but after successful completion, you and your partner will be put in the market as safe and capable parents bringing you one step closer to your dream of having a child.
What is a court hearing in adoption cases?
Adopting a child is a long procedure that requires extensive paperwork and legal procedures in order to be recognized as the parent of a child. However, your situation will usually dictate the amount of time and cost of the procedure. There are many ways in which individuals can adopt a child. Individuals may adopt a child as a stepparent, may choose to adopt through an agency, or maybe choosing to adopt a child from abroad. Whatever the case may be, you should learn about the different procedures to understand what works best for your situation.
While your situation may not match up with the types of adoptions described below, the following are the most common ways that individuals adopt a child. To learn more about your specific procedure you are encouraged to keep on researching and to seek legal advice from a family law expert.
How do I choose between a private or public adoption agency?
Children that are taken away from their families or who have been abandoned by their parents become the responsibility of the state. The state takes children who are abused or neglected away from their families and places them under public or private care agencies. The agencies act as a “middleman”, placing children into the ‘right’ type of home.
Private agencies can help you place the right type of child in your family. A private agency operates differently than the state welfare system, typically matching pregnant women with adoptive families. Whether you are considering adopting a domestic or international child, an adoption agency can provide guidance on the procedures and provide counseling while you work your way through the ‘home study’. Adoption agencies will typically include a wide array of training modules that are meant to help you become a successful parent. Pieces of training include how to care for a child that is not your own, how to maintain an “open adoption”, and other essential training and counseling that will improve your chances of successfully integrating a new member into your family. While these agencies provide the whole package with assistance in every step of the way, the procedure tends to be costly. Private adoption agencies can charge up to $40,000 in helping you find a child that fits your home.
It is fair to say that public agencies provide a much more cost-effective method of becoming a parent to a child in need. If you are not ready to spend 40k on adoption fees, you may want to consider contacting a foster agency. Foster parents, while they have no legal rights over the child, can experience and receive a vast amount of training from foster care agencies. Foster care agencies help place foster children into homes without having to go through an extensive adoption procedure.
While the ‘home study’ is required, the foster parent will not have any legal responsibilities of the child unless he or she wishes to undergo an adoption procedure. In addition to the training and support that public care agencies offer, they will also provide a monthly check to help with the cost of supporting a foster child.
Working with a public agency may not be for everyone, but if you are interested in fostering a child, you are encouraged to visit the following webpage: www.adoptuskids.org/
The benefits of working with a private agency are that you have more options on the type of person you want to include into your family. In public agencies, you may not have options over the child's age which seems to be the biggest concern of individuals or families that are considering adoption.
You may be thinking private adoption agencies are the way to go due to the amount of training and counseling, but remember that foster agencies offer a process that is much cheaper and backed with the aid of social workers that facilitate the integration of a new member into your family. Despite the difference in procedures, both will allow you to enjoy the benefits of adopting a child.
If you wish to learn more about the child welfare system, please visit the following page: www.childwelfare.gov/nfcad/
Are you adopting independently?
If you are choosing to adopt independently, you may want to consider working with an attorney who is capable of helping you through the legal adoption procedures that would usually be carried out by adoption agencies. Attorneys can help match a family looking to adopt a child with an expectant woman or visa-versa. Unlike working with a private agency or public agency, which may place you on a waiting list, an attorney is capable of presenting your family portfolio to families or expectant woman without having to go through a waitlist.
Choosing to work with an attorney to help you through the adoption procedure will ensure that your paperwork is filed correctly and will help represent your case in a court hearing. Working with an attorney is usually cheaper than working with an agency that provides assistance and counseling in every step of the way. Working with an attorney you will have assistance in every step of the legal process while ensuring that the process is more time and cost-effective.
Are you adopting as a step parent?
Adopting as a step parent may be the easiest and quickest method of adopting a child. Since you are adopting a child of a spouse you will not need to go through traditional measures to adopt a child. In addition, if the birth parent consents to the adoption the procedure will be much quicker. However, if the birth parent is not present to sign the paperwork, you will need to go through a legal adoption procedure. Step parents wanting to gain legal rights over a child they raised with their spouse will need to work with an attorney to file a case where parental rights can be established. In these cases, if the birth parent is not present, the petitioning party will have to prove that the birth parent abandoned the child or that the birth parent is unfit to be a parent. The latter case requires the attention of a family law professional who is capable of filing and representing your case in a family court of law.
Are you adopting a child from abroad (international adoption)?
People who wish to adopt a foreign child or a child not born in the United States will be required to satisfy their state adoption requirements along with the adoption requirements of the host country. The adoption procedure for international children is much more complicated which is why individuals look to work with private agencies that can assist with international adoption procedures. Adoption agencies are required to satisfy the regulations of the federal government’s Hague Adoption Convention. The convention seeks to prevent international child abduction so it is crucial for parents to prove that they have met the adoption regulations and requirements of both the state and the host country.
In adopting a foreign child, the prospective parents will need to provide the child with a U.S Visa which can be obtained through the U.S Citizenship and Immigration Services. Prior to having the child come over to the United States, the parents will need to prove that 1) a legal agreement exists between the adoption agency and the biological parents, 2) the biological parents are fully aware of their decision to give up their parental rights and have been provided with counseling, 3) the child is healthy and ready for adoption in the United States.
Due to the different agencies that you have to work with in order to prove your eligibility to become a parent to a foreign child, many choose to work with an attorney or private adoption agency.
Are you adopting as a Lesbian Gay Bisexual Transsexual (LGBT) couple?
LGBT couples have been able to validate their relationship through legal marriages in the United States since 2015. Since then, many states like the state of California, have allowed LGBT couples to enjoy the same rights as a married couple which includes the right to adoption. However, every state has different jurisdiction over the adoption procedures for members of the LGBT community. LGBT couples may face different obstacles in adopting a child, especially when considering the type of relationship that exists between the prospective parents. Despite the obstacles, the LGBT community has the right to claim rights over a child after having gone through the appropriate adoption procedures.
Are you adopting the child of a close relative?
Unfortunately, there are times when a parent passes away too soon or a parent is physically or mentally unfit to provide and fulfill the responsibilities that come with raising a child. In these cases, there is usually a trusted family relative who is capable of adopting their niece/nephew or grandson/granddaughter. Kinship adoptions or relative adoptions provide a much easier adoption procedure than traditional methods. State laws which seek to establish the best interest of the child, see relatives or close family friends are the best options for adopting a child that cannot be cared for by their biological parents.
If you need the assistance of an attorney to process your adoption paperwork or represent your case in a court of law, please contact the San Diego Family Law Attorney at 619-610-7425.
