Adoption
The adoption of a child is a serious
matter that requires a personal, emotional,
and financial commitment that goes beyond
the legal system. Depending on your wishes,
circumstances, and geographical location,
you may or may not have difficulty in
finding a child eligible for adoption.
Many children who are placed up for adoption
were born to parents in other countries.
Many children involved in adoption proceedings
are in foster care, or under some other
state-supervised program after their
natural parent’s rights to parenthood
have been terminated.
In still other
cases, adoption is sought by a stepparent
who has married a child’s mother
or father and now wishes to have full
parental rights.
Unless the state has terminated a parent’s
rights, a child cannot be adopted unless
both parents have consented to the adoption.
The rule may be different for children
located overseas or in jurisdictions
where adoption laws differ. Once a child
is adopted, the adoptive parent assumes
a legal responsibility to support the
child. Adoption carries many legal consequences
including rights of inheritance, and
obligations relating to insurance and
support.
Adoption cases are generally initiated
by the filing of a compliant or petition
for adoption. Most courts will then require
an investigation by a state agency that
deals with children or child protective
services. A pretrial hearing is often
held followed by a final adoption hearing.
Contested adoption cases may require
more protracted proceedings.
In cases involving the international
adoption of children, the United States
has signed a treaty known as the “Hague
Conventional Inter-Country Adoption.” The
treaty’s key objectives are to
ensure that international adoptions take
place in a manner which serves the best
interest of the child, which enforces
safeguards designed to prevent abduction,
sale, or trafficking of children and
which legally recognizes adoptions made
pursuant to the terms of the treaty. |