If you have decided to adopt a child, you may already have some understanding of the process that lies ahead of you. Most prospective parents do not, and so they are not prepared for the long and sometimes difficult road that lies ahead. The adoption process requires a good understanding of the legal frameworks and requirements involved. These can be quite complicated, varying from state to state. Having even a general understanding of the requirements will help you complete the process more easily. Of course, it also helps to have a family law attorney on hand to assist. 

Adoptive Parents: Guidelines for Becoming Qualified

The first step is to determine whether you and your domestic partner would even qualify as adoptive parents. Let’s take a look at the main requirements. Firstly, you must be an adult who is at least ten years older than the child you wish to adopt. There are exceptions for stepparents and relative adoptions.

Once this is established, you will need to complete a home study, which includes a check of your criminal background. You will be required to submit your fingerprints, complete a physical examination, attend adoption training classes, complete a series of interviews with a social worker, and undergo an in-home visit and investigation. 

Even once the child is placed in your care, the adoption will not be finalized for at least another six months. You will first have to complete the post-placement supervision process with a licensed California adoption agency or the delegated public agency. This process will include a number of interviews with your social worker. One of these will take place in your home with the child present.

State Laws on Adoption: Understanding the Rules

Adoption laws can be complex and confusing, but it is important to understand them as thoroughly as possible. Here are some key points to know in addition to the requirements outlined above:

  • In order for the adoption to take place, it must have the approval of the child’s living parents or at least the current custodial parent (if the other parent has not had contact with the child for more than a year or has been convicted of a serious felony).
  • If the child is older than twelve, then the child must also legally consent to the adoption.
  • If you are doing an international adoption or the child is covered by the Indian Child Welfare Act (ICWA) you will have to satisfy some additional requirements. It is best to consult a family law attorney or professional adoption agent in these cases.

How to Handle Problems with Adoption 

If problems arise during your home study and preliminary interviews, there is usually still a chance to correct whatever is amiss in your list of requirements and continue the process. Unless there is a serious disqualifying factor, you can generally work with the adoption agency and your family law attorney to get your application back on track. The exact remedy will depend on the specific requirement that is lacking.

If your adoption is denied, it is always possible to file an appeal. For this, you will definitely need the help of an attorney who understands the state’s adoption laws.  

Birth Parents’ Rights in Adoption

Unless the child you are adopting is an orphan, you will need the consent of the birth mother before the adoption can be finalized. If the biological parents are married, you will need the father’s consent as well. In cases where the father is not married to the mother, or is not named on the birth certificate, his consent is not required, but he must still be notified of the adoption unless the court rules otherwise.

It is also important to remember that biological parents have the right to revoke their consent to an adoption, but they must do so within a certain period. For private adoption, parents may revoke their consent within ten days or before the Acknowledgement is issued, whichever is sooner. In independent adoptions, parents may withdraw their consent within 30 days. Sometimes, birth parents are asked to sign a Waiver of the Right to Revoke, meaning their relinquishment is irrevocable.

Westover Law Group is a company of family law attorneys serving Southern California. Contact us if you need a family law attorney to help you understand and successfully navigate the adoption process.