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The Legal Process for Adoption

The Legal Process for Adoption

Author: Elias Maseko

For many people, adoption is a way to have a family they might not otherwise have, there are also a number of physical, emotional and legal issues that also need to be addressed. The issue is not made easier for people with each state of America having different adoption laws not to mention federal laws, and without a good working knowledge of both, there is little chance of the process being successful. It is not surprising that large numbers of potential parents are discouraged by this complexity and never actually apply, however knowing what is required by the authorities can make a big difference.


This is a permanent relationship that is created between one or two adults and a child formerly the son or daughter of someone else,it is quite normal for the child to have lost their parents and have no other surviving relatives to raise them. Because it is a legal process, it goes much further than simply making suitable family matches as parental rights and responsibilities are given to the adopting parents,the child will be given equal rights with any other child the person or couple may already have. The child becomes in effect a son or daughter to the person or couple adopting them with all the legal rights that entails, including inheritance.

The adoption process must be fair to all concerned, in particular the child, so before it is finalized, the real parents must be made known to the court, this is done, in part, to assure that it is fair and lawful, and capable of withstanding any external conflicts. Naming the biological parents is not always possible and is governed by state law,one frequent scenario consists of a child who is a ward of court, an orphan, or where the rights of their biological parents have been terminated by the courts. On situation that is not straightforward is where the real mother is very young, where after the adoption takes place, all rights of a parent are removed from her.

The home study is a document that is required by Federal law in America and must be carried out by anyone planning to adopt in Americathis is a federal law which must be adhered too in all cases. The reason for the home study to be carried out is for the protection of the child to ensure they are safe in the home they are to be raised in. Many issues are checked by social workers when a home study is being carried out including whether the adopting parents have criminal records,this is also to make sure the house is physically safe as well, in addition to inspecting of medical records.

If the home study does not show anything detrimental about the potential parents then the request will be approved, they will still have to wait a while for it to actually take place however. During the finalization process, the family court judge reviews all the gathered information about the child, their biological parents, and the adoptive parents. Adoption laws are always being revised, whether those of the state you reside in or federal, you would be wise to update yourself on any changes in the law before you begin the process to avoid disappointment at a later stage.

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