Adoption Forms Tips
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Step Parent Adoption Legalities
Step parent adoption is one of the more popular types of adoption and can bring a family that might otherwise be fractured by the stigma of "step" into a full and complete circle. Laws regarding step parent adoption can vary from state to state, but essentially in every state, there must be a hearing to determine the best interest of the child and the biological parent must either relinquish their parental rights or have those parental rights severed. Because of abuse or abandonment issues, there are provisions for giving legal and public notice in this type of situation. Once notice has been establish and an attempt to contact has been made, the court may grant the adoption to the step parent. Obviously, having an adoption attorney can make a process like this easier but you can complete this kind of adoption on your own. Once you have familiarized yourself with the laws and the process you can fill out the legal forms and represent yourself in court. Just make sure you take all the correct steps and leave no stone unturned to protect yourself and your adoptive child.
Getting Started with a Do It Yourself Adoption
Prospective adoptive parents should consider all options as they're looking at expanding their family to include a child. There is a plethora of child adoption information available in several sources. There are obviously adoption agencies that specialize in helping families in this way. Another source of information would be online. There are numerous sources for children in need of a home, such as domestic adoption or international adoption with over 50 different countries including Africa, Eastern Europe, Asia and Latin America that have children and infants in need of a home. If you are an avid researcher and have the time and patience to ensure that you are working with reputable people and that you have the acumen to complete any adoption forms in the adoption process, then online resources are your best bet. Consider your sources wisely though and don't be afraid to consult with state agencies for advice and for information about the adoption process.
Qualifying to Adopt a Child
There are several considerations made with regard to adoption. It is very common for adoption agencies to have more stringent requirements for baby adoption than adopting either an older child or a special-needs child. Some things that are considered are age of the adoptive parents, income, marital status, health of the adoptive parents, religion, family size, employment and residency. Because these things can vary from agency to agency, you would be encouraged to go through the screening process, even if you feel you do not qualify for one reason or another. There may be a special child that would fit perfectly into your family, just waiting for you.
Missing Biological Father Adoption
Unfortunately, there are many times that a new mother will find herself in a situation of being the only parent available when her baby is born. When the situation occurs, is is called a missing biological father adoption. Giving up the baby may be a natural thought for the mother at some point in the child's future. It is important to remember that when the biological father is not present at the child's birth, states have a wide discretion when it comes to terminating that father's parental rights. Obviously circumstances will vary and all issues are taken into account when this happens. Approximately 21 states have registries available for fathers to be notified of a birth which allow them to claim paternity within a reasonable time frame. When facing this situation, you should check with local authorties as to the rights, if any, of a missing biological father when considering adoption or severing parental rights. This is a situation where it is beneficial to be well educated in the laws and adoption nuances of your own state. If you have decided to handle the legal forms and adoption process on your own, make sure you have learned about all of the potential issues of a missing biological father adoption.
Considering Step Parent Adoption
A natural thought in many step parent's minds is adopting their spouse's children in order that the child can share the name of the step parent (and their own parent in some cases) as well as perhaps more accurately reflect the nature of care given to the step child or step children. Legal adoption forms for step parent adoption are available in several sources, including local adoption agencies, local court clerk's offices or even online. Laws will vary from state to state with regard to notice given or opportunity for notice to birthparents. Oftentimes, even if the step parent adoption is contested by the birthparent, the court may decide that it is in the child or children's best interest to be adopted by the step parent. Obviously circumstances will dictate whether or not contact with the birthparent is still something to be considered and each case is different, but step parent adoption is a great way to make a family even more solid and unified.
What is Adoption?
Adoption is the legal process by which a transfer is made of parental rights from the biological parents of a child and the legal assumption of parental rights by the adoptive parents. The adoption process terminates, once and for all, the rights and responsibilities of the biological parents. It will then become the responsiblity of the adoptive parent(s) to provide for the supervision, nurturing, physical and emotional health and financial support of the child(ren). The adoption process is a long one and there are many legal requirements and legal forms and procedures that must be completed. You can hire a specialized adoption attorney or in some cases, you can do the research yourself and complete the process for a reduced cost.
Closed adoption
There is a long-standing debate over whether the adoption process should reveal all details in the case versus leaving anonymity and discretion as the hightest priority. A closed adoption by definition would be one in which the records and information about the child and birth parents are sealed and is therefore unavailable to not only the public, but to the child as well. While this is the more traditional type of adoption, it is decreasing in popularity, because many adoptees end up seeking information about their birthparents. In some cases, however, the birth parents do not wish to disclose their contact information to the child they have given up. Also, many adopted children accept that their adoptive parents have given them a lifelong commitment and do not need to seek out their biological parent. When going through the adoption process, this is an important aspect that should be considered and discussed by both the biological parents and the adoptive parents.
Becoming a Foster Parent
Once you have decided to bring a child into your family and you are ready to begin the adoption process you may want to consider becoming a foster parent. Foster parents, for the most part, provide a temporary home to a child in need of care but can these relationships can often develop into an adoptive situation, should circumstances permit. Obviously there is more legal responsibility in becoming an adoptive parent versus a foster parent, but the love and care you can offer a child should be considered the same. Should a foster parent give consideration to permanent adoption, they should carefully consider all the same factors as adoptive parents, such as getting everything in writing and not relying on verbal agreements, consulting a reputable attorney specializing in adoption and being aware that all parties in the situation have rights under the law. Severing parental rights of he biological parents will have to occur before a permanent adoption can take place. Consulting with an adoption agency or doing some research on your own will help you make this decision about whether or not foster care is right for you.
Open Adoption Information
If you have an adopted child, at some point they may want more information about their biological parents. The ability of the child to get to this information will depend upon whether the adoption was an open adoption or a closed adoption. For the child, adoption information can be somewhat limited unless the adoption was open. There has been, over recent decades, a movement of adoptees seeking the identity of their birthparents to attempt to open files that were previously classified as closed adoption files. There is a debate with regard to whether or not adoptees should be able to gain access to closed information. Nowadays closed adoptions are less popular than in years past. An open adoption will mean that adopting parents will have full disclosure with regard to birthparent information. Open adoption will also mean that once the child reaches the age of maturity, they will be able to access information with regard to birthparents. Depending upon the nature of the relationship, some adoption cases may even provide for continuous contact with birthparents if all parties agree it's in the best interest of the child or children. This is a legal issue and one that is determined as you are going through the adoption process.
International Vs Domestic Adoption
Because the potential for adoption scams and fraud exists nearly everywhere, there may be some security in using a domestic adoption agency to assure that you're not taken advantage of. As with anything else, if the promises made during the stages of the adoption process seem too good to be true, chances are pretty high that your gut feeling is accurate. There are ways to protect yourself, including knowing the law, asking the hard questions of the agency that you're working with and listening to the experience of others. If something does go wrong during the process, contact your attorney. If you don't have an attorney specializing in adoption, contact one. You will need a good advocate who knows the laws related to adoption. Contacting the Better Business Bureau as well as the Attorney General in the state in which the adoption is taking place is another way to seek to right the wrong.
Consider Your Own Situation
Using the Internet is a great way to research options and information when it comes to deciding which type of adoption you want to go with, whether you use an agency or whether you want to attempt a private adoption. Adoption information can be found on websites as well as through local agencies to aid in your search for a child to become a part of your family. Some factors to consider when beginning this journey are your age and health, your financial status, the costs associated with adoption, your marital status; and even the health and background of the child or children you're hoping to adopt. One possibility to consider is an international adoption. There are several countries that have open adoption policies at this time, allowing people from other countries to adopt abandoned or orphaned children. Another factor to consider when thinking about adoption is your current family structure. Many times a loving home, no matter how big, is preferential for a child without any family rather than having a child remain in foster care or under government or state care.
Private adoption
Nowadays, there is controversy surrounding what would traditioally be termed a private adoption because of the risks involved as well as the potential for unethical circumstances. Private adoption is often referred to as "gray adoption" which obviouly connotates something unsavory or illegal. While above-board private adoption is not always indicative of something shady, there are steps that you need to take to protect yourself and the child(ren) if you are considering a private adoption. Most states will require a home study be conducted to determine placement of the child within the family. While some prospective adopting parents may not see the need for this, it is important to assure both the adopting family as well as anyone in the child's background that everything is above-board as well as what is in the best interest of the child. Legally, private adoption must be handled carefully as well. Protect yourself from having something go wrong down the line by ensuring that all of the parties involved in the private adoption are above board and respected by the legal and adoption communities.
Transracial Adoption
Because of the Indian Child Welfare Act of 1987, adopting a Native American child or baby has severe limitations and restrictions placed upon this type of transracial adoption. This act essentially includes the Bureau of Indian Affairs and the child's tribal authorities in any notification for children being considered in adoption cases. Not only must the court give it's consent to this type of adoption, but the tribal authorities and Bureau must also give their blessing. Arugments for this law cite examples of children that were taken away from birth parents prior to the enactment of the law simply for not having running water or indoor plumbing in their home or children living in conditions considered crowded according to government standards. Obviously opponents to the law see the child or children awaiting adoption and the length of time it can take to place a Native American child into a Native American home as more detrimental to the child's welfare than any sense of loss of ethnicity or culture that the child may experience.
Transracial Adoption
There are many opportunities for prospective adopting parents to adopt outside of their race or culture, despite those who feel it is best to keep children within the same culture or ethnicity. African American adoption however, is a little more difficult than adoption from other cultures, even in the domestic arena. Because of this, there is a rather large effort to recruit black or African American adoptive parents. The National Association of Black Social Workers'voiced opposition to transracial adoption in the early '70's, citing the basic objection relating to the child or children growing up unsure of their culture diversity and ethnicity. Of course, proponents of African American adoption into transracial families will argue that these children are generally well-adjusted and happy despite living in a culture not their own.
Adoption Agency
One question many prospective adopting parents have is about the difference between the types of adoption. There are several types of adoption that can be achieved by using the services of an adoption agency. Adoption agencies can be local public agencies or licensed private agencies. Public agencies are probably more commonly known as welfare or social services. Children from varying ages will be available from infant through teens. Private agencies and adoption attorneys are also available, although typically at a premium price. It is possible to conduct a do-it-yourself adoption process as well with the aid of the state or a governing agency. One factor that will help you determine which route you would like to go is your tolerance for risk. Using an adoption agency provides the most stability and assurance that the process will go smoothly and there will be no issues down the line. Independent adoption, using a facilitator will provide the least amount of assurance in preventing glitches or issues that may arise during the process or in the aftermath.
Interfaith or Christian Adoption
Christian adoption agencies can provide resources for prospective adoptive parents. Oftentimes parents will find assistance with transracial adoptions, which have become more popularized with the recent open door policy in China for adoption. Because of cultural differences and political differences between the two countries, there can be some uncertainty with regard to adopting internationally, however, using a Christian adoption agency to facilitate the adoption may provide the family a sense of support and security as they journey throuhg the adoptive process. International adoption can often seem to flow more smoothly and provide a sense of security in the fact that there is less chance of the birthparents contesting the adoption.
Transracial Adoption
Transracial adoption usually refers to adoption of black or biracial children by a white family. However, in general the term transracial adoption will refer to any adoption that crosses cultural or racial lines. White families adoption Asian children is the most popular in today's society. While many social workers feel that placing children with families of the same culture and ethnicity is preferred, most of the time, the best interest of the child will place a cross cultural child in a situation that will provide a loving and stable home for the child, regardless of the race of the adopting parents.
Transracial Adoption
Because black children often face a much longer waiting list when it comes to adoption, there is a conserted effort to increase transracial adoption both domestically and internationally. It is technically unknown how many African American adoptions occur because the government ceased tracking this information back in 1975. Opponents of transracial adoption argue that an African American child will feel out of place and lose all sense of culture and ethnicity. However, studies have shown that most of these children, regardless of being placed in a different culture, are extremely well-adjusted and happy. Proponents also argue that because there are fewer African American families wanting to adopt children, millions of these children grow up without any family because of this stigma.
History of Infant adoption
During the late 1920's, infant adoption became more popular as the availability of infant formula increased. Adoption up to that point had been primarily seen with children ages two and up because the care of an infant could not be carried out by anyone but the babies biological mother. Ironically, nowadays, it is easier to adopt an infant because it is most often the birthmother that is making the decision to place her baby up for adoption and that decision is often made while she is still pregnant. It can be argued, however, that because of the popularity of birth control and abortion over the last 30 years, there are not as many infants available for adoption. It has been hypothesized that if the Supreme Court case Roe v. Wade were overturned, the number of infant adoptions in the United States would return to the same level as before the ruling.
Domestic Infant Adoption
Couples or individuals having trouble conceiving a child or who feel that a child would add something extraordinary to their already loving family will often consider infant adoption. Those who only wish to adopt an infant into their family can find domestic adoption in the United States frustrating. Because infants are in higher demand, it can take years to complete the adoption process. There are also many regulations and requirements regarding domestic infant adoption including legal forms and legal procedures. If you are truly only considering an infant adoption, perhaps you should consider an international adoption. Generally this type of adoption is faster because there usually is not a set of birthparents to contest the adoption. While there are regulations governing international adoption, including the consent and blessing of the US immigration department, international adoption can oftentimes bring a child or children to an American family much faster than in the case of domestic infant adoption. There are health issues to consider when going down the path of international adoption as well as cultural issues so you will want to make sure that you have considered all of your options before making a final decision.
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| Tammi Reynolds |
