What is Adoption?
Adoption is a two-step judicial process that conforms with state statutory provisions in which the legal obligations and rights of a child toward the biological parents are terminated and new rights and obligations are created between the child and the adoptive parents.
What Are Parental Rights and Obligations?
Parental responsibility refers to the legal rights, duties, powers, responsibility and authority a parent has for a child and their property. This term refers to a parent’s right to make decisions about the care and upbringing of a child including: where a child lives, medical related decisions, which religious affiliation the child will have, and the child’s education. These rights and obligations are shared with anyone who also has parental responsibility for the child.
How Does Adoption Work?
There are several different avenues to adoption that parents can choose, depending on their specific circumstances and needs.
First, it is important to understand the differences between open, closed, and semi-open adoption. These terms refer to the level of contact between the birth parents, the adoptive parents and the adopted child. In most adoptions, some form of communication between the birth parents and the adoptive parents is encouraged prior to the child’s birth, whether by phone or email. When the birth mother goes into labor, it is also common for the adoptive parents to be present for both the birth and post birth.
In an open adoption, communication between the birth parents, adoptive parents, and the child are just that, open. This can include regular emails, routine phone calls, and scheduled visits. On the other hand, a closed adoption indicates that there is no contact between the birth parents, adoptive parents, and child after birth and no identifying information is given other than the exchange of medical information. An open adoption can range anywhere between completely open and totally closed. Typically, it is the birth parents that decide the terms of contact and how much identifying information such as names and location of the birth parents, will be made available to the child.
The next thing to consider is what type of adoption is best. The following are the most common types of adoptions;
Agency Adoptions
Agencies are the intermediaries for most adoptions, serving both birth parents and adoptive parents by facilitating the adoption process. The primary functions of an adoption agency are to match adoptive parents with a child, arrange for both the birth parents and the adoptive parents to receive counseling pre and post birth, perform home evaluations, provide education about adoption, prepare legal paperwork, and preform post-adoption visits.
There are two types of adoption agencies: public and private. A public adoption agency involves the placement of a child who has been removed from the birth parents for reasons related to neglect, abuse, drug use or incarceration. These children do not have other family members who are able to care for them, making them eligible for adoption. In contrast, private agencies, often run by charities or social services organizations, work directly with parents who have or who are expecting a child and desire to give the child up for adoption.
Independent Adoptions
Some adoptions take place directly between the birth parents and the adoptive parents, with no agency involvement. This is known as an independent adoption. Usually, the adoptive parents will hire an attorney to draft the contract outlining the terms of the adoption, gather medical information and handle the legal filings. Most states allow independent adoptions but under strict guidelines and regulations.
Independent adoptions allow both the birth parents and the adoptive parents to take an active role in selecting to whom and under what terms the adoption will occur. In an agency adoption, after the child is born, the birth parents relinquish their parental rights and custody to the agency. The agency, in turn, grants parental rights and custody to the adoptive parents. Whereas, in an independent adoption, the birth parents give consent to adoption and turn over custody of the child directly to the adoptive parents, usually at the hospital.
Identified Adoptions
An identified adoption, also known as a designated adoption, occurs when the birth parents and the adoptive parents find each other on their own, usually online or by referral, but choose an agency to manage the adoption process. Identified adoptions give the parties the freedom to take a proactive role in selection while also getting the beneficial services offered through an adoption agency.
International Adoptions
In an international adoption, also known as an inter-country adoption, parents adopt a child from another country. International adoptions typically involve children who have been placed in an orphanage due the death of their birth parents or their birth parents inability to care for them.
International adoption is heavily regulated and can be costly and time consuming. Adoptive parent must satisfy requirements for both the foreign country where the child was born and the adoptive parents U.S. state of residency. Hopeful adoptive parents should consider a country’s specific adoption laws, choose a Hague-accredited international adoption provider, and complete an international home study and USCIS evaluation.
Some additional factors to keep in mind when considering an international adoption are costs, medical history of the child and birth parents, contact with birth parents, and the child’s growth and development. Unlike domestic adoptions, the costs of an international adoption are typically known upfront. The child is likely to be older and accustomed to a different language and culture. Adoptive parents are not likely to receive a comprehensive medical record for the child. Furthermore, any contact with the birth parents is highly unlikely.
Stepparent Adoptions
These types of adoptions are common when a person’s new spouse wishes to adopt their children from a prior relationship. This type of adoption is beneficial when the noncustodial parent is absent or not involved in the child’s life. In addition to the emotional benefits, a stepparent adoption establishes legal rights, meaning, the child will be entitled to inheritance and other benefits like health insurance under the adopting parent. The adopting parent will be recognized as a legal parent, granting rights to such things as medical records, school records, and tax exemptions.
Like all adoptions, this adoption process is regulated by state law but is relatively simple, requiring a background check, parental consent, and final legalization. However, if the noncustodial parent contests the adoption, this process can take longer.
Same-sex Adoptions
Same-sex adoptions are legal in all 50 U.S. states, but again, the laws vary from state to state. Gay couples may adopt as joint parents or one person may adopt the children of their spouse under that state’s stepparent adoption laws.
Relative (Kinship) Adoptions
Unfortunately, there are situations where the birth parents are deceased or are unable to care for the child due to incarceration, drugs, financial instability, or mental incapacity. Often times, a member of the child’s family will come forward to take care of the child, such as a grandparent. In these cases, it’s most often beneficial for that family member to adopt the child. Adoption establishes legal rights and obligations and provides the child with emotional and financial security.
Adult Adoptions
This last type of adoption makes more sense than one would think. Adoption is a judicial process that establishes legal rights and obligations between an adoptive parent and a child. Adoption will also establish the same rights and obligations between two adults. The first and probably most important is for estate planning purposes and to establish the person’s right to an inheritance. Second, as a legally adopted child, a person can qualify for health insurance under the adoptive parent. This is especially beneficial if the person to be adopted has special needs or a diminished mental capacity and their long-term care is of concern. Another reason to adopt an adult is to solidify a parent-child relationship that may have began when the person was still a minor.
