| y Law – Adoption | | | | who hear and decide litigation within that jurisdiction. |
| The concept of adoption refers to the act by which | | | | The one aspect of adoption that people always |
| an adult formally become the guardian of a child and | | | | seem to get confused about is the fact that people |
| thus incurs the rights and responsibilities that come | | | | always seem to think that in order to adopt you |
| with being a parent. It is a formal legal process in | | | | need to be with an adoption agency. In some cases |
| which a legal relationship between a child and guardian | | | | this may be the best thing to do as you have the |
| is formed. This legal relationship means that the | | | | help and support of people who are experienced and |
| adopted child becomes the legal heir of the adopter | | | | trained in all aspects of the process but you |
| and terminates any legal rights that were in existence | | | | don’t have to opt for an adoption agency. |
| with the child’s natural parents. | | | | You can go through the process of an adoption |
| There is a lot of law surrounding adoption and the | | | | through contact with the child’s biological |
| laws surrounding it often change depending on which | | | | parents; this is known as independent adoption. What |
| state you live in. An example of this is the fact that | | | | happens in these cases is that the natural parents of |
| depending on your state and jurisdiction you may | | | | the child take on the responsibility of finding suitable |
| have no options open to you when it comes to the | | | | adoptive parents. Often, the natural parents will place |
| type of adoption that you opt for. There are two | | | | the child in the prospective adoptive parents’ |
| types of adoption, which are open and closed | | | | house for a trial period without the natural parents |
| adoptions. Open adoptions enables a child’s | | | | having given up their rights. |
| birth mother to select her child’s adoptive | | | | The process of an adoption cannot be finalized unless |
| parents. A closed adoption means a child’s | | | | the court makes an official finding that the individual is |
| birth mother gives up all of her rights over the child, | | | | acceptable as an adoptive parent. The court must |
| which allows a state administration agency to | | | | pass an investigatory report that has been submitted |
| conduct the selection process. Depending on your | | | | by the state agency that states an individual is |
| state you can choose which of these methods of | | | | suitable for becoming an adoptive parent. These |
| adoption you wish to opt for but in other states you | | | | reports are often very detailed and will include an |
| will be dictated on what method of adoption you will | | | | individual’s religious background, social history, |
| have to go through. | | | | financial status, moral fitness, mental and physical |
| If you are hoping to adopt a child then it is important | | | | fitness, and criminal background. |
| that you comply with adoption laws. These laws are | | | | I feel to stand the best chance of gaining court |
| generally subject to state laws and regulations. State | | | | approval for your adoption you need to enlist the |
| adoption laws are primarily comprised of laws from | | | | help of an adoption agency as they will be able to |
| two sources, State statutes and State case law but | | | | provide you with all of the information, experience |
| what is the difference between the two? Well state | | | | and skills that are needed for you to successfully seal |
| statutes are provisions that are enacted by state | | | | your adoption. They will be able to advise you and |
| legislatures that regulate the subject matter of an | | | | guide you through the entire adoption process. I feel |
| issue. State case law however consists of rules of | | | | that they will help you through the adoption process |
| law that come from the written decisions of judges | | | | so that it goes smoother and quicker. |