Family Laws All Adoptive Parents Should Be Aware Of

Originally published by Robert Kraft.

Adoption family laws can be complicated and frustrating. There are a lot more than anyone unacquainted with the process can fathom. Below, there are four of the most important laws and processes adoptive parents need to be aware of as they get started, but there is a plethora of other ones in between as well.

Termination of Parental Rights

This is the first and most important legal process for adoptive parents to undertake. A court hearing must take place, so the judge can officially decree the parental rights of the birth parent are over. Without this process taking place, the child is not able to be legally adopted. The legal termination of rights is usually voluntary, but there are some cases where it is not. In the event the termination was involuntary, the birth parent can appeal, and it may take some time to get sorted out in court. Again, this is the most important step in the adoption process because it can’t happen without termination.

The Appointment of a Court Appointed Special Advocate

These advocates often go by the acronym of CASA, and they usually have a master’s degree in social work or got a MSW online. Many are volunteers to oversee the best interest of the child involved in the process. It is not uncommon for the court to appoint a paid advocate, which would be an attorney, but a social worker hired by the attorney’s office often handles the duties. This law makes this mandatory in every state whether it is voluntary or paid.

Consent to Adoption

The consent to adoption is the next hoop of law to jump through for adopting parents. It can refer to any of the three following legal documents or a combination of them:

The most important legal document is one signed by the original parents to confirm their wish to relinquish their rights and child to adoption. There is a chance it can be revoked because in some states it is required for the state to enter the termination decree.

A consent from the adoption agency may be required to allow the family adopting to finish to the finalization. This is critical because the adoption can’t be finalized without the consent if it is required.

Depending on the state, if the child being adopted is 12 or older, then the child’s consent may be required too.

Finalization

Finalization is when custody transfer is officially made, but it is a long process too. It takes place in a court room, and a case must be made to a judge. There are rarely any problems, but the new parents must have the child in their home for the time specified by the state statute. Most state statutes require at least six months.

Termination and finalization are the first and last laws of the process. They are also the most important, and they must be adhered to meticulously. Adoption is a difficult process, but it is also very rewarding for all parties involved. Seek out a competent lawyer or social worker to help make the transition easier.

Author Information: Eileen O’Shanassy is a freelance writer and blogger based out of Flagstaff, AZ. She writes on a variety of topics and loves to research and write. She enjoys baking, biking, and kayaking. Check her out on Twitter at @eileenoshanassy.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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