Your journey to building a family through adoption should be filled with joy and anticipation, not burdened by legal complexities. Your priority should be on your child, not the complicated adoption processes put in place by administrative agencies, the state, and the federal government.
JC Law, with experienced family law attorneys serving MD, VA, PA, and DC, understands this. We’re here to help you bring your child home where they belong by taking care of the legal end, while you focus on the real priorities: nurturing and welcoming your new family member. Led by James E. Crawford, Jr., our team is dedicated to providing compassionate and effective legal guidance throughout the adoption process.
“Adoption is not about finding children for families, it’s about finding families for children.” – Joyce Maguire Pavao
Navigating the Different Types of Adoption
Adoption law offers several avenues to bring a child into your loving home. Understanding these options is the first step in your journey.
Generally, What Types Of Adoptions Are Available?
Most avenues of adoption law allow you to adopt a child through one of several methods:
- Public agency adoption: You adopt a child through the Department of Social Services in a city near you.
- Private agency adoption: A private adoption agency oversees and coordinates your adoption.
- Independent adoption: The birth parents and adoptive parents arrange the adoption without the involvement of an adoption agency. Some parents prefer independent adoptions since they have more control over the process.
- Kinship adoption: A family member (such as a grandparent, aunt, or uncle) adopts a child.
- Stepparent adoption: A stepparent adopts their spouse’s child.
All of these adoption options have serious legal ramifications. It is always a good idea to have a good family law attorney to help you navigate.
Furthermore, you can choose between open, semi-open, and closed adoption types.
- Open adoption: The birth parent can occasionally see the child and participate in their life.
- Semi-open adoption: There is less face-to-face contact, but the adoptive parents send the birth parents information about the child’s activities and well-being, such as pictures and letters.
- Closed adoption: The child does not have continuing contact with the birth parents.
Open and semi-open adoptions are increasingly popular in the United States. However, each form of post-adoption relationship has its advantages and disadvantages.
A family lawyer experienced in adoptions can help you understand these issues and structure your adoption to meet you and your child’s needs.
Here’s a quick overview of the different adoption types:
| Adoption Type | Description |
|---|---|
| Public Agency | Adoption facilitated through a government social services agency. |
| Private Agency | Adoption facilitated through a non-profit or for-profit private adoption agency. |
| Independent | Adoption arranged directly between birth parents and adoptive parents, often with legal assistance. |
| Kinship | Adoption by a relative, such as a grandparent, aunt, or uncle. |
| Stepparent | Adoption of a spouse’s child. |
| Open Adoption | Birth parents have ongoing contact with the child and adoptive parents. |
| Semi-Open Adoption | Birth parents receive updates and photos of the child, but there is limited or no direct contact. |
| Closed Adoption | Birth parents have no contact with the child and their identity is kept confidential. |
Who Can Adopt A Child?
Adoption opens its doors to a wide range of loving individuals and families.
Almost any adult can adopt a child in the United States, as long as they can ensure the child’s safety and welfare.
States are not allowed to discriminate against adoptive parents based on their:
- Marital status (you can be married, single, or divorced)
- Sexual orientation
- Gender
- Race or ethnicity
- Whether you own or rent your home
However, prospective parents usually must undergo a home study to ensure the child will be properly cared for.
A home study assesses your ability to care for a child and involves more than simply touring your residence. You will also participate in training, interviews, and a criminal background check. You will discuss your work life, personal interests, values, and financial stability. If you already have children, they might also participate in the home study (if age-appropriate).
After you complete a home study, the adoption agency will decide whether you are a suitable adoptive parent.
A family lawyer with adoption experience can help you navigate the home study and other parts of the adoption process to make sure you’re able to bring your child home. They can also educate you about your appeal rights if your home study is unfavorable.
Understanding the Adoption Process
Navigating the legal steps of adoption can be daunting. Let JC Law guide you through each stage.
What Is the Adoption Process That Most States Use?
Before the formal adoption process begins, you must consider a variety of issues. These include:
- Are you willing to adopt a disabled or special needs child?
- What level of involvement should the birth parents have?
- Are you interested in a domestic or international adoption?
- Do you want to adopt an infant, a young child, or an adolescent?
An experienced JC Law adoption attorney can help guide you through this analysis and help you decide which options are best suited to your family and parenting goals.
From there, you will begin your adoption search. Your search process will vary, depending on your type of adoption.
For example, you might meet with prospective birth parents. Or, you might travel repeatedly to your child’s birth country if you are pursuing an international adoption.
Once you complete your adoption search and home study, you must file a formal petition for adoption in court. Typically, the birth parent or parents must consent to the adoption. You must also submit reports and other documents to the relevant court with jurisdiction over the child.
Your adoption lawyer will ensure that your documentation and petition are properly filed and prepare you for your adoption hearing.
Once the court understands the type of family support you can provide the child and there are no legal hiccups, which can and do arise, then they sign off on the legal adoption of your child!
Revoking an Adoption: Understanding Parental Rights
The rights of both birth parents and adoptive parents are paramount in adoption law.
Can A Birth Parent Revoke An Adoption?
In most cases, the answer is yes! It is possible that either a parent or an adoption agency can revoke their consent before an adoption is final.
Depending on where you are adopting your child, there are varying timelines for revocation. However, most states have a time limit as to when birth parents can revoke their consent. After the consent form or filing an adoption petition (whichever is later) is filed in court, as time goes on, it becomes increasingly more difficult to revoke.
In addition, both birth and adoptive parents might have appeal rights after a judge grants or denies a petition to adopt.
If you are facing adoption consent issues or an appeal, then please contact a JC Law adoption lawyer immediately. Even if you think the evidence for the appeal is scanty and it’s clear that you’re the best family for the child, you can still lose your child if you don’t take the situation seriously.
FAQs
- How long does the adoption process take? The timeline varies depending on the type of adoption and state laws. It can range from several months to several years.
- What are the costs associated with adoption? Adoption costs can vary substantially, depending on the type of adoption you choose. Agency fees, legal fees, home study costs, and travel expenses can all contribute to the overall expense.
- Do I need an attorney for adoption? While not always legally required, having an experienced adoption attorney is highly recommended to protect your rights, navigate complex legal procedures, and ensure a smooth adoption process.
- What is a home study? The home study is an assessment of prospective adoptive parents and their home environment to ensure they can provide a safe and nurturing environment for a child.
- What happens if the birth parent changes their mind? Birth parents typically have a limited time frame to revoke their consent to the adoption. This timeframe varies by state.
Let JC Law Guide You Home
Adoption is a beautiful way to build a family. Let JC Law, serving MD, VA, PA, and DC, provide you with the legal support and guidance you need to navigate the process with confidence and peace of mind. Contact us today to schedule a consultation and begin your journey to parenthood. With James E. Crawford, Jr. and his team by your side, you can be certain that you have a qualified team to handle all of your adoption needs.
