Summary of Adoption Procedure
Adoption procedures are very similar for every state. Here are the necessary steps to be followed.
The first step involves giving the adoption notice to all the involved parties with a legal interest in the case apart from the child. Where there is a legitimate case, the natural parent should be given notice where these can be traced. There are also certain statutes that state that where the parent has failed to provide for the kid, they do not have any entitlement to the notice.
In the normal circumstance where the parents loses custody to the child during divorce or in a separation case, he or she is entitled to notice.
A parent who is seeking to adopt is supposed to file a petition in court where they offer information on their situation together with the child's situation. The right petition is considered to be a prerequisite of the jurisdiction of the court. The petition shows the adoptive parents name, the natural parents and the child. On top of this, the age and gender of the child are also stated and there are certain state mandates that require that a medical report of the child to accompany the petition.
A written consent of the natural parents of the child or the adoption agency should go with the adoption petition. The natural parent's consent isn't necessary where parental rights have been terminated involuntarily due to child abuse or abandonment.
The court will hold a hearing to determine the prospective parent's qualification and grant or even deny that petition. Both parties should be given an opportunity to present their testimony and examine the witnesses during the hearing. The proceedings from an adoption case are usually confidential and are done in a closed courtroom. In a normal circumstance, the adoption records are available for the purpose of adoption only under an order of a court. The goal of this confidentiality is to promote the security for the kid as well as their family.
Many states will require a probation period during the proceedings for adoptions. In this period, the kid will start living with the adoptive parent and the relationship between the child and the adoptive parent is monitored by the respective government authorities. The prime concern of the agency is the ability of the parent to be to care for the kid in the right manner. Where the relationship is noted not to be working well for the parties concerned, the court may be requested by the state agency to issue a permanent adoption decree.
Where this relationship is noted to be unsatisfactory, the kid will be taken back to their previous home or can be cared for by the state.
The adoption decree is usually a court judgment that has the same effect and force as any other judgment.
After the adoption proceedings, the adoption certificate is given for the child instead of a birth certificate. This certificate doesn't have the name of the natural parents of the child. The kid will only realize that he or she was adopted if their adoptive parents choose to reveal this information as their old birth certificate becomes sealed and cannot be opened without the authority of the court.