Adoption is a legal process that requires approval from a court. Through an adoption, an adult or adults who are not the biological parents of a child will become their legal parents.
Single and married adults can adopt children. In addition, adults may be adopted, if they consent.
The conditions and requirements for adoptive parents vary by state. Typically, adoption services are offered by public and private agencies or in a private process that does not involve an agency.
The types of adoptions that are available include:
- Agency adoptions;
- Independent adoptions;
- Open adoptions; and
- Stepparent adoptions.
Generally, individuals and couples who want to adopt are required to demonstrate that they have the financial capacity to care for a child, which includes providing:
- Food;
- Shelter;
- Education; and
- Clothing.
Every adoption has to be approved by a court. If the court determines that the adoption is in the child’s best interest, it will issue an order approving and finalizing the adoption.
Real estate can be an important issue, whether a family is considering adoption, is already in the process, or has already adopted. If an individual is considering adoption, they have to consider whether they have a room in their home for the child to reside.
If an individual is already in the process, they will be required to show, as noted above, that they can provide property shelter for the child they are seeking to adopt. This includes having enough room in their home.
If an individual has already adopted, they have to ensure their adopted child is comfortable in their new residence. In some situations, this may mean an individual needs to move to a larger home or to a different home that will better accommodate their needs.
Is it Important to Plan for my Expanding Family?
Adoption is a process that establishes a formal and legal parent-child relationship. This applies to:
This means it is important for an individual to consider the future and create a will as part of their estate plan. This will help ensure their child is taken care of in the future.
It is also necessary for an individual to plan for the present when they adopt children, including having a proper and functional home for their family. If possible, an individual should find a home prior to the adoption, so the new addition to the family can settle into an already established residence.
How Can I Find the Right Home?
It is important for any individual to find the right home, especially if they will be adopting children. An adopted child must settle into a completely new environment with new family members.
It is important for a home buyer to choose a family-friendly property. This can mean different things to different individuals, depending on where they live.
Some individuals think it is important to have a yard so children can play outside, possibly with pets. It may also be important for them to have their own room so they can feel as though they have their own space.
It may be helpful for an individual to consider purchasing a home near other family members, in case they need assistance with babysitting or other help. Every family is unique, so there is not a one-size-fits-all proper family home.
Essentially, the most important factors are providing a child with a place to live where they feel stable, safe, and secure.
What Are Some Legal and Financial Considerations?
There are numerous legal and financial considerations with both adoption and real estate. An adopted child will be treated under the law as if they were the parent or parents’ biological child.
This means that it is especially important to plan for an expanding family, both in the estate planning sense and the real estate sense. It is important to note, however, that some states do allow for adopted children to inherit from both their biological and adoptive parents but do not allow the biological parents to inherit from the adopted child.
Usually, the adoption paperwork will outline the rules governing inheritance. Once an individual has a family, especially if they have children, they should create an estate plan to ensure that all of their assets, including real estate, are distributed according to their wishes.
Estate planning can be used to eliminate the need for succession laws that come into play in probate proceedings. The distribution of an individual’s property when they pass away is often referred to as intestate succession or inheritance succession.
In general, after an individual passes away, their property will be distributed in accordance with their intentions as stated in their will. If the individual dies intestate, or without a will, however, succession laws will come into play and dictate how their property will be distributed.
Every state has its own laws governing how intestacy works. Intestate laws are also followed when the estate owner’s intentions, as provided in their will, cannot be determined or do not cover all aspects of their estate.
Intestate laws, in general, create a preference hierarchy among the potential heirs of the decedent and will outline the order of priority for the distribution of the estate. Close relatives, including the decedent’s spouse and children will take first priority.
This means that close relatives are likely to receive distributions from the estate before any others will be considered. Once the individual’s close relatives have received their shares of the estate, more distant relatives will then be considered, if anything is left.
However, if an individual passes away and they had a will, the terms of the will must be followed, even if it conflicts with intestate succession laws. Another important financial aspect of adoption and real estate is planning to pay for the purchase of a place to live.
Property law and real estate issues can be complicated. In many instances, they involve different areas of law and the rules that apply vary in each state.
Real estate purchases also commonly involve large financial investments. If an individual is considering a large purchase, they can always first consult with a property lawyer for assistance and advice.
It is important to ensure that they purchase a home that they will be able to afford, so that they can keep their child safely housed. It will also help provide needed stability that all adopted children need.
What About Home Modifications and Childproofing?
When an individual buys a home, they may have to make some home modifications and child proof the home. Modifications may include changing things to make the home safer or more functional for the family, such as converting a garage to another room.
If the adopted child is young, an individual may need to child proof to keep the child safe. This may include outlet covers, removing breakable items at their level, and taking any other necessary steps to ensure the child is safe while in the home.
What Are Some Tips for Moving with Adopted Children?
Moving can be a stressful experience for anyone, especially adopted children. In some cases, the children may not have had a stable upbringing and moving may cause them feelings of distress.
It is important to discuss moving with the child and why the move is necessary. It is also important to keep the process positive and assure them that they will be in a safe and comfortable new location.
How Important Is My Choice of Neighborhood?
Choosing a neighborhood is very important, both for the value of the property and the stability of the family. It is important to select a neighborhood that is suitable for children and is located in appropriate school zones for the family.
Choosing a good neighborhood will also help maintain the value of the property going forward.
What Are Some Resources and Support I Can Use?
There are many resources and support systems that adoptive parents can use. This can include therapists, doctors, even legal professionals, who can provide them with direction to resources they can use.
If the child is having a difficult time settling into their new environment, it may be helpful to consult with a doctor or therapist who can provide guidance and assistance. Legal professionals are often familiar with many different types of resources that are available to adoptive parents.
How Can I Plan for Success?
Once an individual becomes a parent, they will be responsible for another human being. That is no small responsibility.
It may be helpful to include the adopted child in the home selection process to help them feel like they are part of the family and their opinion is important. This can also apply to the neighborhood or area that is being selected.
It is important for an individual to plan to do the very best they can to provide for their adopted child both now and in the future.
Should I Consult with an Attorney?
If an individual is considering adoption or is seeking advice for their current adoption, it is essential to consult with a family lawyer. A lawyer can be an excellent resource for advice regarding state laws, resources, and what should be considered when an individual adopts a child.
Your lawyer can help you ensure that you plan property for your current changes and the future of your family. Adoption and real estate decisions are some of the most important decisions you will likely ever make, so it is very important to consider your options and obtain professional advice.
