Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities, along with affiliation, from the biological parent or parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status.
Considering adoption means embarking yourself in a long and emotional process for which it’s better to be prepared and know what to expect! There are 3 major steps to be considered: the consent to adoption, the investigation of adoptive parents and the court process.
The most essential step in the adoption process is the birth parents consenting to the adoption. The rules of consent varies from state to state. In some state parents can’t give consent before the birth of the child or even 4 days after the birth. It means that even if the adoption process has already started before the child is born, birth parents will still be allowed to change their minds and terminate the adoption process after the birth if they desire to. In some states, birth parents are allowed to revoke their consent even after their child has been placed in an adoptive home. The period of time again varies from state to state but can sometimes go up to three months, which can be emotionally really difficult for the adoptive parents who are already starting to take care of the child as their own.
To avoid this dramatic change of mind, some states have the birth parents attend counseling sessions before they give their consent, to make sure that they know what they are doing and to help reducing the chances of them changing their minds.
The second step would be the investigation of adoptive parents, also called The Home Study. This investigation is for the state to decide if the adoptive parents are capable to raise the child. Usually a state agency or a licensed social worker conducts the investigation and will examine all the important facts of the adoptive parents lives such as: marital stability, lifestyle, financial stability, other children, physical and mental health, career obligations and criminal history.
Recently the investigation has also became a way to inform the parents and give them tips and advices on how to deal with the adopted child: when to announce to him that he has been adopted; how to deal with family and friends’ reaction to adoption, etc.
After the investigation the social worker will address a report to the court with either a positive or a negative recommendation for adoption. The court will make the final decision. In the case that the person who conducts the Home Study writes a negative report, the adoptive parents always have the ability to contest and appeal. The appeal process varies from state to state: sometimes it is part of the adoption hearing; sometimes it is a separate process.
The last step of the adoption process is the court process and no adoption can be valid without the court approval. The adoption parents have to file an adoption petition that can also include the written consent of the birth parents or the court order terminating their parental rights and also a request for an official name change.
Notice of the adoption hearing must be given to everyone whose consent is required for the adoption: the biological parents, the adoption agency, the child’s representative if the court has appointed one and the adopted child who is old enough, which is usually 12 or 14 years old in the majority of the states. The requirements for notice of the adoption hearing can vary from state to state.
If the court decides that the adoption is in the child’s best interest, the court will issue an order that will legalize the new parent-child relationship and is the final step of the adoption process. This order can also order a name change if it was requested in the petition.
There is no legal requirement to hire a lawyer for the adoption process. Although, and especially if you don’t go through an agency, you might want to hire an experienced lawyer to prepare the adoption petition and represent you at the hearing.