Domestic adoption generally refers to the adoption of children who are located within the United States. This is in contrast to other types of adoptions, such as the adoption of an adult or a foreign child adoption. Most types of adoptions are domestic adoptions because they are generally easier to accomplish and more straight-forward than other types of adoptions.
There are many reasons why people choose to adopt domestically. These include issues such as infertility or assuming care of a dependent for a family member who has become deceased or incapacitated, such as adopting a nephew when his parents have died.
Who Can Obtain a Domestic Adoption?
American laws allow domestic adoptions by people who are either married or single. Whether the adoption occurs through an adoption agency or through a court proceeding, the adoption arrangement must be approved by the court. Some courts may also approve more specific domestic adoption arrangements, including:
When determining an adoption case, the court will analyze several factors, including the adopting parent’s financial background, previous relation to the adoptee, mental/emotional/psychological stability of the adopter, and geographic location of the future parent.
In many cases, it is possible for a non-citizen to domestically adopt a U.S. citizen. However, there are many restrictions and requirements for this specific type of adoption.
Is It Possible to Reverse an Adoption?
Adoption arrangements can sometimes be subject to a reversal or a challenge. A domestic adoption may be reversed by various parties, including:
- The biological parents of a child
- The adopted person
- The adopting parents (for instance, if they revoke their legal custody of a child)
Keep in mind that it is generally quite difficult to reverse an adoption, unless there is a very good reason to do so. Once an adoption arrangement is approved by the court, it is set unless a compelling reason arises, such as the incapacity or inability of the adoptive parent to provide care for the child. In any event, the court will always rule in favor of the child’s best interests.
Do I Need a Lawyer to Help Me with Domestic Adoption Issues?
Most adoptions may be considered domestic adoptions. While domestic adoptions are usually less complicated than international adoptions, they can still involve some complex legal issues and concepts. You may need to hire an adoption lawyer in your area if you need any advice or assistance with an adoption. State laws on adoption may vary widely, but your attorney can provide research to determine what rights you have. If you need to file a claim with the court, your lawyer can represent you during those times.
Jose Rivera
Managing Editor
Editor
Last Updated: May 7, 2020
