Adoption

Most adoptions are lengthy, expensive and emotional. Like all family law, adoption is a product of state law. However, most states have very similar adoption laws.

The first step to any adoption is the termination of the parental rights of the biological parents(s). This can be voluntary or involuntary.

For voluntary terminations, the rules with respect to the timing of the relinquishment of parental rights — and whether or not that consent is revocable — varies by state.

Involuntary terminations can be difficult. Courts are required to find by “clear and convincing evidence” that a parent is unfit before they will terminate his/her rights. The consistent theme is whether or not a parent can provide necessary care for a child.

Once termination is complete, you can move forward with an adoption. Unless you are adopting a stepchild, you will probably benefit from working with an adoption agency.

Unless waived by the court, you must also complete a home study. This is to evaluate your family’s fitness to adopt. Typically, this is accomplished through an application, background checks, and a social worker visiting your home.

At the conclusion of this process, you will appear in court for a short hearing for a judge to conclude the adoption.