Adoption

The formal steps in adoption of a child are generally uniform in all states.

Notice Notice of adoption proceedings is given to all parties who have a legal interest in the case except the child. In the case of ILLEGITIMACY, both natural parents should be given notice if they can be located.

Some statutes provide that a parent who has failed to support a child is not entitled to notice. Ordinarily, a parent who has lost custody of a child in a DIVORCE or separation case is, however, entitled to notice. Similarly, an adoption agency that has custody of the child is entitled to notice.

Petition The parents seeking to adopt must file a petition in court that supplies information about their situation as well as the situation of the child. The filing of a proper petition is ordinarily a prerequisite to the court's jurisdiction.

The petition indicates the names of the adoptive parents, the child, and the natural parents, if known. In addition, the child's gender and age are stated, and some states mandate that a medical report on the child must also accompany the petition. An example of such a petition is found on page 98.

Consent Written consent of the adoption agency or the child's natural parents accompanies the petition for adoption. Consent of the natural parents is not required if their parental rights have been involuntarily terminated as a result, for example, of abandonment or abuse of the child.

A sample petition for adoption

Hearing A hearing is held so that the court may examine the qualifications of the prospective parents and either grant or deny the petition. There must be an opportunity for the parties to present testimony and to examine witnesses at such a hearing.

Adoption proceedings are confidential, so the hearing is conducted in a closed courtroom.

Ordinarily, the records of an adoption hearing are available for inspection only by court order. Confidentiality is thought to promote a sense of security for the child with his or her new family.

Probation Most states require a period of PROBATION in adoption proceedings. During this period, the child lives with the adoptive parents, and the appropriate state agency monitors the development of the relationship. The agency's prime concern is the ability of the adoptive parents to properly care for the child. If the relationship is working well for all concerned parties, the state agency will request that the court issue a permanent decree of adoption.

If the relationship is unsatisfactory, the child is either returned to his or her previous home or is taken care of by the state.

Decree An adoption decree is a judgment of the court and is given the same force and effect as any other judgment.

Birth Certificate Following the adoption proceedings, a certificate of adoption is issued for the adopted child, to replace the birth certificate. It lists the new family name, the date and place of the child's birth, and the ages of the adoptive parents at the time the child was born.

Generally, the certificate of adoption does not indicate the names of the child's natural parents or the date and place of adoption. A child may never know that he or she was adopted unless the adoptive parents reveal the information, since the old birth certificate is sealed away and may be opened only by court order.