Steps To Adopt A Child

Adoption is a wonderful alternative for many children. An adoption is the legal process by which a child's biological parents are relieved of their rights and often duties to the child and new parents are appointed to be the child's parents from that point forward. Adopting a child has the same legal consequence as actually giving birth to the child. The adopted child is legally the same as a child of your flesh.

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There are too many possible scenarios in which someone might want to adopt a child to list here but some common circumstances include: Grandparents adopt when the parents are unable or unwilling to care for the child

Foster parents adopt children that they have cared for in the foster system. Often these children are placed with the foster parent by child protective services. Agency sponsored adoptions. These are adoptions in which the biological parents of the child use an agency to place the child with new parents. International adoptions and Adoption of a step-child by a step-parent.

The adoption process requires that you first meet a list of requirements before you can be considered for adoption. If you meet these requirements you can move forward. If you do not there is no point in filing the paperwork because the judge cannot or will not grant the adoption.

Some of these requirements are easy to see, such as age. Others require more investigation. As explained below the court will do the investigation necessary to determine if you qualify.You must be at least 21 years old and a mature adult. You must be financially stable. This does not mean rich, but does mean that you must have the ability to provide the basic necessities for the child. Must also pass an adoption home study. These will be discussed in more detail below.

If you feel that you meet the requirements listed above you can move forward with the adoption.

You should not attempt to represent yourself in an adoption. There are some legal matters where it is fine and appropriate to represent yourself. This is not one of them. You need a qualified lawyer representing you. The only exception to this is if you are working with CPS. In that case the State has a team of lawyers working on the case and they will handle everything.

Your lawyer will file a petition seeking adoption of the child. This is a fairly straightforward document that asks the court to enter an order naming you as the parents of the child. Depending on your circumstances your lawyer may also file a motion seeking the termination of the biological parent's rights. This must happen as legally the child can only have one set of parents.

An order terminating a person's parental rights is often referred to as the death penalty of family law. Once the order terminating has been entered and the time for appeal expires it will legally be as if the parent of the child is a stranger to the child. They will have absolutely no rights and if they approach the child the new, adoptive parents can call the police just as if a stranger were stalking their child.

Orders terminating parental rights often terminate the biological parents obligations to provide support for the child but do not have to. They can also include an order that the biological parent provide a medical history for the child's benefit.

Judges don't just allow anyone to adopt. They want to make sure they are placing the child in the best possible place. To accomplish this the state legislature has passed laws requiring certain things be accomplished before an adoption is granted. These include: background checks for both potential adoptive parents (or just the step-parent in the case of a step-parent adoption), home study, interviews with an attorney ad litem for the child.

The criminal background check is performed by the FBI. It requires that you fill out a form giving them all types of identifying information and have yourself finger printed by someone from your local law enforcement.

The law doesn't require that you have an absolutely clean record but if you have any charges or convictions for crimes involving children you will not be approved. Anything else will be handled on a case by case basis.

The home study is performed by CPS and is used to determine whether or not the potential adoptive family has the financial resources, space for the child and that the home is appropriate and safe. The focus is less on the physical inspection of the home, although that is important, but more about how the family relates to one another and their background, relationships and feelings on certain issues such as discipline and similar issues. The home study takes into account: Marital stability, Family and friends as a resource network, Reason for the adoption

Basic parenting skills with a focus on discipline and building sibling relationships, Physical and mental health of the potential adoptive parent or parents, Ability to handle sensitive issues faced by adopted children such as: abuse, the birth parents, growing up in a different ethnic or cultural environment and dealing with different Simply put the Attorney Ad Litem is an attorney appointed by the court to represent the child. Their job is to determine and express the child's interests while at the same time making sure that the child is not being taken advantage of or disadvantaged in any way by the adoption. The court will ask them to report on their findings and if they are against the adoption the chances that the court will disagree are slim.

Eventually you will appear before the judge and ask that he or she order the termination and grant the adoption. Some judges require that these two events happen at different hearings. The reason being that the terminated parent could technically appeal and have the termination overturned which would then overturn the adoption. To avoid this the judge terminates the biological parent and then makes you wait until their appeal date has passed before granting the adoption.

Generally the judges want the children to be there for the adoption portion and like to take pictures with the new family. Adoptions are one of the few good things that family law judges get to participate in so they enjoy them as much as possible.

In generally adoptive parents are married. Statistics regarding divorce may be undependable but the simple fact of the matter is that any marriage could end in divorce. Adopted children are treated in exactly the same manner as biological children by the divorce courts. That means that whether it is a step parent adoption or a foster adoption if the parents divorce the final decree of divorce will set out custody and visitation for the child and child support payments for one or both spouses to pay.

Chris McHam is the lead attorney for McHam Law, a Round Rock, Texas based law firm focusing on family law, criminal defense, probate matters and civil litigation in Travis County, Williamson County, Hays County and Bell County

For more information on this and other legal topics:

http://www.mchamlaw.com

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Could You Adopt a Child?

The first step in any adoption, whether domestic or international, is the home study evaluation. This part can be a bit intimidating as it requires you to answer question about yourself and your otherwise private life all the way back to the age of 18 years old. Here are 16 basic questions you would be asked and why they are important. 

1. Where do you live? Contrary to popular belief agencies don't normally ask this question to see if you're rich enough to adopt. They want to know this: Is your home safe? Is it in a safe neighborhood? Is it big enough for another person?


2. What is your current living situation? Are you married or single, divorced, in a relationship? By the way, being gay or in a same-sex relationship will not keep you from adopting. It is normally the laws of the state you live in, the agency's policies and ultimately the birth mother who decides. If the first two say okay and the mother likes you there is no problem. Though some people think so, having children already also does not preclude you from being considered for adoption. If there is anyone else living or visiting your home on a regular basis over 18 years old (older children, relatives, friends of the family, etc.) they will need to have all their police clearances and exams done also. The agency will also want to know why they live with you and will evaluate how that will affect a new child.


3. What is your highest level of education? Don't panic if you did not go to college but you will be asked. The reason is varied for different agencies. One of the reason is that there is a correlation between income and education (which translates into the ability to financially care for a child) and in today's economy this is important.


4. Have you ever been arrested? Yes "ever" and this does include traffic offenses such as DUI, suspended licenses, and any crime (whether you were only questioned or actually convicted), drug or alcohol abuse (even if you were only 19 at the time), etc. Let's put it this way...if it's been recorded somewhere then you should tell someone straight up. Other than some pretty heavy offenses, none of this is an absolute dismissal from adoption. Much of it depends on the agency review, the offense, the reasons, the timing, the verdict, the penalty, etc. Full and immediate disclosure is your best bet.


5. Have you ever worked with children? If so you will need someone there to give you a letter of reference. You must also be cleared with the Department of Family & Children Services to make sure there have not been any cases against you for child abuse. This is done on everyone though, regardless of previous work or whether or not they have children.


6. How is your physical health? You will need a complete physical exam as well as a drug screening and possibly an HIV test. Are you on any medications? If so, let someone know what and for what reason. Don't worry that some ailments will preclude you from adoption. Many times, and agency will accept your physician's assessment that you are healthy enough to adopt and raise a child. The main reason for asking about your health is to make sure someone is there to raise your child in the future.


7. How is your financial health? Agencies look at the ratio between income and outflow when they do the paperwork. If your income is moderate but your house is paid off, for example, and you don't have a lot of debts then you are a better risk as a provider than someone who makes a much larger amount but has a high ratio of debt. They will also ask you to provide a copy of this year's filed taxes. You will need to consider how you will pay for your adoption and the expenses to travel if necessary. Will you be able to keep up with the different types of fees along the way? Do you have access to the money you will need or is it tied up in a fund somewhere? All good questions to ask.


8. How is your mental health? How do you feel about the way you were raised, the hobbies you have, your relationships, and the idea of adopting? There are many questions you will be asked like these and you will need to evaluate how you feel. For example, when asked about their feelings about adoption, some couples realize that they have never really mourned their inability to conceive. This is an important part of accepting the new child so it will need to be addressed and may delay the process. However, every issue is important so take the time you need to answer truthfully.


9. How do you feel about corporal punishment (such as spanking)? Some agencies feel very strongly about this issue and will make you sign a waiver that you will not use CP on your adopted child.


10. Do you have insurance? You will need to prove that you have both medical and auto insurance. Both are required to make sure the child is covered. Some agencies will also ask about health insurance and a guardian plan in case something was to happen to you.


11. Do you have well water or a septic tank? To ensure children live in safe conditions it is a requirement that you have documented inspections done on both.


12. Do you have pets? Each of them must be up to date on all their vaccinations and you will need to have a vet verify their health by documentation also.


13. Do you have a pool? It will need to have a fence around it to keep unsupervised children out of the immediate area.


14. Do you own firearms? You can own them but they will need to be unloaded and locked up in a cabinet that you will show the caseworker.


15. How did you grow up? What was life as a child like for you? Growing up in a harsh environment does not mean that you can't be a great parent but your caseworker will want to know how you dealt with any trauma as a child and how it has affected your life today.


16. What type of child do you want to adopt? Every agency wants to know this. Not only does it help them decide what program you will best fit into for an adoption but it tells a lot about the feelings you have about adoption and about the types of issues that need to be covered. Are you looking for a certain gender, a certain race, a certain age or are you open to any child. No answer is the right answer, it just gives an agency the information it needs to help you. For example, if you are open to a child of any race then the caseworker knows that they will need to counsel with you regarding multiracial families and see if your extended family is supportive.

The one common denominator in every question is that you must be completely honest. Just like visiting your doctor, your agency cannot help you if they don't know all the facts. Even more important is the fact that if you lie on any point and the truth is discovered later (and they do check thoroughly) the agency can deem this as non-disclosure. In this case the agency has the legal right to immediately close your case and in most cases you will not receive a refund of any fees you have paid.

Honesty with yourself first, and your agency next, regarding these questions can help you be prepared for a home study. Don't be afraid to talk with your caseworker about anything on this list. Though this list in not all-inclusive and is no guarantee that you will pass a home study evaluation, it's a good start. If an agency is worth working with they will treat you with respect and kindness and be your guides on working through any problems that you may have. Trust them to be brutally honest with you however. They will sign their name to the fact that a child they place in your home is in a safe and loving environment. Expect them to take this seriously. Their stamp of approval is the most important part of your journey.

Dee is the Executive Director and Parenting Instructor for Crystal Adoption Resource. She invites you to learn more about how she can save you money, many hours of frustration and cut your waiting time by more than half by letting her guide you through, and to, an adoption. Go to their FAQ now to find out more: http://crystaladoptions.com/FAQ.php or follow her on Twitter (@Helping_U_Adopt).

Crystal Adoption Resource: Everyone needs a hand to hold. You be theirs. We'll be yours.

(c) Copyright - R. Dee Waltz Shihady. All Rights Reserved Worldwide.

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