What is the Basic Procedure for Getting an Adoption?
In general, the procedure is straightforward, but not automatic. Whether
handled by a third party agency or simply by independent parties, a court must
be involved. Whatever your situation, the following procedure must be followed:
- Filing of a petition:
The parties wishing to adopt must file a petition with the court asking
the court to approve their desire to adopt a particular child.
- Notice period:
After the petition is filed, anyone with a vested interest in the child
well being (e.g., a parent, guardian, legal representative, adoption
agency, or in most states the child herself if over 12 years old) must
receive notice of the petition. Exact notice requirements vary by state.
- Adoption hearing:
During the hearing, the judge determines if the adoption is in the child:s
best interest. If satisfied, the judge will then issue an order, called a
final decree of adoption, approving and finalizing the adoption.
What Information Does the Adoption Petition Usually Contain?
The information contained in a standard adoption petition is usually
straightforward and uncomplicated. The following information is typically
included:
- Names, ages and address of
the adoptive parents
- Relationship of the adoptive
parents and the child to be adopted
- Reason that the birthparents'
rights have been terminated
- Statement indicating that the
adoptive parents are the appropriate people to adopt the child
- Statement that the adoption
is in the child's best interests
Do I Need an Attorney to Handle the Adoption of My Child?
Adoption can be a very difficult and complex process. An experienced family lawyer can help you work with an adoption agency or
draft an agreement between independent parties. A family lawyer can also
represent you in court.
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