Adoption is the practice in which an adult assumes the role of parent for a child who is not biologically their own and gives him or her all the rights and privileges of one’s own child. Most laws are designed with the best interests of the child in mind, not the best interests of the adult who intends to adopt. The adoption procedure varies depending on whether the child comes from an agency that handles adoptions or comes from a stranger or relative, along with the age of the child and the adoptive parent or parents. Public adoption What you face in a public adoption are children who are wards of the state because their parents could not provide adequate care for them, or neglected or abused them. These children are of all ages and most have been in foster homes for a long period of time. Public adoptions are run by a government-funded agency.
Private adoption is a legal method of building a family through adoption without using an adoption agency. The biological parents relinquish their parental rights directly to the adoptive parents. Private adoption is also governed by state laws.
A trans-racial adoption places children with an adoptive family of another race. Such adoptions may be through public and private agencies. However, most trans-racial adoptions take place through the public child welfare system.
Intra-national and International Adoption
Due to a shortage of healthy, Caucasian infants, potential adoptive white parents started adopting children from other countries. International adoption has grown in popularity as more families recognize the need to provide homes for waiting for children.
An international adoption is a wonderful option for people who have been trying unsuccessfully to adopt in the United States. Each country has policies regarding the age, income level, and marital status of prospective parents. Single parent adoption As one-parent households become more common, single parent adoption increases. The issue of personal finances and single-income families has become less important since adoption subsidies are available nationwide.
Summary of Adoption Procedures
The formal steps involved in adoption are generally the same in all states. Notice of adoption is given to all parties who have a legal interest in the case, except for the child. The parents seeking to adopt must file a petition in court that contains specific information such as the adoptive parent's names as well as the child’s, the child’s gender and age, and the names of the natural parents, if known. Written consent of the agency or the natural parents must be attached to the petition.
A hearing is then held so the court may review the qualifications of the potential parents and either grant or deny the petition. Most states require a period of probation during which time the child resides with the adoptive parents and a state agency monitors the development of such a relationship. If the relationship is working well for all parties concerned, the agency will recommend to the court that a permanent decree of adoption be issued. However, if the agency feels the relationship in unsatisfactory, the child is either returned to his or her previous home or is taken care of by the state.
Following the adoption proceedings, a certificate of adoption is issued for the adopted child which replaces the original birth certificate. The certificate of adoption lists the new family name, the date, and place of the child’s birth along with the ages of the adoptive parents at the time the child was born. The old birth certificate is sealed away and may only be opened with a court order. If you are considering adoption, please seek the advice of one of our experienced family law attorneys.
If you need to file or have been served with divorce paperwork at Island Law Office, PC, LLO we can help. At Island Law Office, PC, LLO, we understand your situation and can discuss your options and the progress of your case. When a marriage comes to an end, there are complex matters involving the division of property, child custody, visitation, and support. When faced with a divorce, contact Island Law Office, PC, LLO and let us help you.
Bell Island is a graduate of the University of Nebraska College of Law and has lived in Scotts Bluff County since 1994. Bell started in the Scotts Bluff County Public Defender's office and opened his own practice in 1999. Bell continues to represent clients in the areas of Criminal Law, DUI, Divorce and Family law, and Probate, matters. Read More
If you would like to schedule a initial consultation contact a Nebraska family law attorney, representing clients in Harrison, Nebraska at the Island Law Office, PC, LLO. Give us a call at (308) 633-4040.