Adoption
Adoption is a two-step process. It is the creation of a parent-child relationship between the child and the adoptive parents and the termination of the parental rights of the biological parents. The adopted child is given all of the rights, privileges and duties of a child and heir by the adoptive family.
Consent of both biological parents is crucial to a successful adoption. If a biological parent has reached a serious level of unfitness then it may be possible to have the rights of the parent terminated judicially, but courts will only do so if there is substantial documentation regarding the abuse and/or neglect of the child by the biological parent.
The increase in "blended families," that is families formed by the subsequent remarriage of the custodial parent has resulted in an increase in the number of step-child adoptions. In these cases, the current spouse of the custodial parent seeks to adopt the child(ren) of the previous relationship. If the noncustodial parent has not contributed to the support of the child for a substantial period of time and has not exercised their visitation rights, it may be possible for the step-parent to adopt the child without the consent of the noncustodial parent. In this case, the Court may find abandonment as the grounds for termination of parental rights.
The adoption process begins with the filing of the Original Petition for Adoption. In most cases the consent of the biological parents has been obtained prior to the submission of the petition and is filed with the Court along with the petition. The Court will investigate the prospective parents to determine if the adoption is in the "best interest" of the child. A social worker will be appointed to conduct a Social Study and the Court will appoint an Ad Litem Attorney or Amicus Attorney to represent the interests of the child in the proceedings. A hearing is required to allow the Court to evaluate the qualifications of the prospective parents. The hearing provides the required opportunity for the parties to present testimony and to examine witnesses. The proceeding is confidential and is conducted in a closed courtroom. An adoption decree is granted if the court decides that the adoption is in the "best interest" of the child. Following the adoption the birth certificate of the child is replaced by the certificate of adoption which contains the new family name.
The most important thing you can do is to seek legal assistance early in a case.
Call 979-266-9281 for an appointment.
