Adoption and Its Legal Requirements

Adoption is a common process these days but it has not been declared particularly, as a fundamental right of any citizen. This is why, in order to adopt a child or a teenager, a proper legal process is available and must be complied with. Only then will the authorities determine if the person is eligible to adopt a child.

As such, adoption means the legal process of taking responsibilities of a child as a parent and becoming a custodian for that minor. For the process to be successful, the guardian should be an adult and should form an emotional bond with that child over the course of time. This process further benefits the adoptee, by granting them the opportunity to become a legal heir of their adopted parents and eliminate their relationship with their birth parents.

Types of Adoption

There are two types of adoption, although not every state permits them both.

Open Adoption

In an open adoption, the birth mother gets the choice to select the adoptive parents for her child. In this case, parents opt for open adoption to get permission from the new family about staying in contact with their child.

Close Adoption

Close adoption grants state agencies with all the rights to choose the new parents for a child.

Adoption Criteria

Adoption can take place, either by contacting any public or private agency or by directly contacting the birth parents. However, while adoption through a public agency, the child is not given to the adoptive parents until the birth parents give up all their rights.

The Uniform Adoption Act states that any individual who is an adult can adopt another individual in order to form a guardian and child relationship, legally. However, there are some conditions that prohibit a person from adopting a minor; they vary from state to state; such as adoption restrictions on single individuals, adoption not being allowed to people with physical or mental disabilities and so on. Criminal records and an unstable employment history can also cause hindrance during the process of adoption.

As such, the procedure for an adoption does not move forward until and unless the court determines the eligibility of that person as a parent by conducting certain investigations. To make the process official, the reports regarding those background checks must be submitted to the court. The report includes detailed account on the person’s background including their religion, finances, moral suitability, mental and physical stability and any criminal record. All aspects are weighed on equal grounds and then the agency comes to a conclusion, which is in the child’s best interests.

Many regions also restrict the LGBT community from adopting children; nevertheless, the court defies these constitutions as it is not considered as a fundamental right.

Legal Document Requirements

These three legal documents are necessary, to get consent for adoption.

  1. Signed documents by the birth parents of the child being adopted, to validate that they are ready to give up all legal rights related to the child to the adopting party. The court then declares the termination.
  2. The second document is signed by the agency after all the legal requirements have been met to permit and provide the adopting family with all the rights to the child. This consent plays a key role in finalizing the adoption.
  3. The consent of a child over the age of 12 is required, although this condition may differ from state to state.

Fulfilling legal requirements is necessary when it comes to adoption, because several different groups of people are involved in it, and at the end of the day, they all are working for the benefit of the child. These legalities will save the child from unwanted troubles in the future.

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