If you want to adopt a child, then you should know that the adoption process is often lengthy. This is necessary to make sure that you are a good candidate to legally parent the child. The process can and should be assisted by a family law attorney. This type of professional can prepare you for the upcoming adoption process. Even if you hire an attorney, there are many things you should know about adoption law and the adoption journey. Some of the most important things are outlined below.
Adoption Starts With Termination Of Parental Rights
Voluntary Termination
Before you can officially start the adoption process, you should know that the child's birth parents will need to terminate their rights before the child can be considered for adoption. In some cases, birth parents will terminate their rights voluntarily. When this happens, the mother and father will sign paperwork and the court in the jurisdiction will look at the case.
The judge will determine if the termination is in the best interest of the child. The judge will make sure that outside pressure was not applied to coerce the parents into termination. Also, the judge will look at the reasons why termination is occurring and he or she will make sure that the parents are not under the influence of drugs or alcohol that may affect their judgment.
Involuntary Termination
Involuntary termination of parental rights can occur as well. Usually, a state agency will ask for termination and a court appointed special advocate will be assigned to the case. This individual is appointed by a judge so the best interests of the child can be determined. This is necessary in cases where abuse, neglect, and abandonment are seen. Also, lack of contact with the child can result in termination. The court appointed special advocate will supply proof that the child will be better off in a foster home or an adoptive situation.
If the judge feels that parental rights should be terminated, the parents of the child will have a period of time where they can appeal the decision. In many cases, the parents will have 30 days after the termination judgement to file an appeal. A court date will be set to reevaluate the situation if the parent supplied sufficient evidence that an appeal is warranted.
Make sure that you are well aware of the parental right termination process and whether or not you are free to start adoption proceedings.
A Home Study is Required
If you intend on adopting a child, then you will need to go through a home study. Home study requirements vary greatly from state to state, and it is wise to speak with your family law attorney about the specific practices in your area. The study is meant to gather information and it will prepare you to be a parent. It also helps to determine whether or not you will be a good adoptive guardian.
Gathering Paperwork
Although requirements vary, most home studies will involve training, interviews, home visits, and information gathering. Home studies can take several months to complete. To make sure your home study goes as smoothly as possible, work with your attorney to gather paperwork and documentation beforehand that will likely be needed.
Health statements provided by a physician are required that indicate you are healthy. If you have a physical or mental health problem, then make sure that statements indicate that the condition is under control.
Also, prepare financial documentation like tax forms, pay stubs, W-2 forms, and bank statements. Information about insurance coverage, savings, and investments are needed as well. Social workers may ask about debts too, so work with your attorney to establish a financial plan if you have substantial debts. The attorney will know how debts can affect your home study and what you can do to show financial responsibility.
If you want to adopt a child, then you should be prepared for a long and sometimes stressful process. An attorney can help you, but you should also understand the facts about parental right termination and home studies. For more information, visit a family lawyer's website, such as http://www.paulmoorelaw.com.
