ADOPTION
What is an adoption and what does it change?
An adoption is a legal process which alters the former legal relationship between the natural parents and substitutes a new relationship with the adoptive parents. The new legal status alters heirship, support obligations, and parental control, among others, between the former parents and the substituted parents. There are alternatives to adopting a child. Under some circumstances, guardianship, change of name, custody through Juvenile Court, or acknowledgment of paternity may be more appropriate. Your Attorney will advise you as to the best course of action in your circumstances following your consultation.
The procedures required to accomplish an adoption vary depending upon the persons involved in the adoption and their relationship to the adopted person. An adopted person may be a child or an adult.
Basic documentation that is required includes:
1. Petition for Adoption of a minor child, together with certified copies of the following documents:
A. Child's birth certificate, or of the person being adopted
B. Death certificate of spouse(s) or natural parent(s) of child
C. Divorce decrees of both Petitioners of all marriages
D. Court record of marriage license
2. Consents of the former parents are required to be filed with Petition:
The name and address, if known, of any person whose consent to the adoption is required, but who has not consented and facts that explain the lack of consent normally required to the adoption.
3. Authorization for Release of Confidential Information/Police Criminal Record Check - One original signed by Petitioner(s) if it is a Husband and Wife Adoption after guardianship. (If Husband and Wife Adoption after a Legal Placement, one will have been filed at the time the Legal Placement application was filed).
4. Criminal Background Check Involving Child Abuse, Violence and Drugs - signed by Petitioner(s).
5. Entry setting date of Hearing and Ordering Notice
6. Judgment Entry - Assignment of Investigator
7. Petitioner's Account A Preliminary and Final Accounting. A full accounting of all disbursements of anything of value made or agreed to be made by or on behalf of the Petitioners in connection with the adoption.
8. Affidavit, regarding where the child has resided for the last five (5) years to be signed by the Petitioner(s) and filed with the Petition for Adoption.
9. Final Decree of Adoption
10. Adoption Certificate for New parents
11. Certificate of Adoption
12. An investigative home study will be conducted regarding the adoptive parents and any members of their household, along with their residence, by the local Children Services Board.
13. A new birth certificate will be issued, so the adoptee’s vital statistics must be updated.
The entire process requires several months to complete. A formal hearing is held before the Probate Court to finalize the adoption. The adoptive parents and the adoptee(s) must attend. More hearings may be required in specific cases.