Every child deserves the protection and security of a loving family. Unfortunately, not every child has the luxury of being born into one. Adoption is an important decision, and not only requires a certain kind of generosity and quality of character, but expert legal support to ensure the validity and accuracy of your adoption so you can give your complete focus to your family.
WHO ADOPTS?
Married couples between the ages of 30-40 who are not biologically related to the child are the most common adoption seekers. Stepparents may adopt in the event of the death of a biological parent, or if the biological parent consents to the adoption. Non-immediate family members may also adopt a child when circumstances arise making the biological parents unfit to care for the child, including grandparents, aunts, uncles, or even older siblings or cousins.
WHO CAN PUT A CHILD UP FOR ADOPTION?
When they are unable to care for a child, biological parents may put the child up for adoption. Additionally, licensed adoption agencies, Division of Family Services, physicians, clergies, and lawyers can also put a child up for adoption.
THE ADOPTION PROCESS
Consent
To begin the adoption process, the written consent of the biological parents must be obtained. If the child is age 14 or older, written consent of the child may also be required. In some situations, consent may not be required if parental rights have already been legally terminated, the parent previously gave consent for the future adoption of the child, the parent's identity is not know or cannot be ascertained, a man has not been established as the father or denies paternity, a parent has been served with process and fails to answer, a parent has an incurable mental condition that prevents him or her from caring for the child, or a parent who has abandoned the child for more than 60 days (if the child is less than one year) or 6 months (if older than one year). Additionally, a man may forfeit his paternal rights if he fails to establish his paternity before or within 15 days of the child's birth. If the individual being adopted is over the age of 18, his or her consent alone is sufficient.
Transfer of Custody
A petition of transfer of custody must be filed. At this time the court will appoint a guardian ad litem as a representative for the child's best interests. A social worker will also be appointed to study the adopting parents, or petitioners, to ensure that they are suitable candidates for adoption. This assessment includes a report on the condition of their home, a criminal background check, and information on their education, financial, marital, medical and psychological status. A background report of the biological parents and child must be provided to ensure that the petitioners are fully informed regarding the child's medical and socioeconomic background.
Adoption
After the petitioners have the child in their legal custody for 6 months, the court will enter a final decree of adoption. For stepparents, the 6 month period begins upon his or her marriage to the child's legal parent. The social worker who prepared the reports on the petitioners and biological parents will make a recommendation to the court, and if all legal requirements have been met, a judgment of adoption is entered. The Certificate of Decree of Adoption is then sent to the Bureau of Vital Statistics of the Department of Social Services. At this point the child's original birth certificate is sealed, and a new certificate is issued listing the adoptive parents as the biological parents.
CLOSED ADOPTION
The most common form of adoption is closed adoption. When an adoption is closed, access to the adoption records is extremely restricted. While the adoptive and biological parents may or may not know the others' identities, the identity of the biological parents is usually withheld from the child. If the biological parents give consent, the child may be able to request their information once he or she reaches the age of 18.
OPEN ADOPTION
The landscape of adoption has changed considerably over the years. In the past adoptions were primarily extremely private, with an agency handling the entire process including choosing the adopting family. Now people can create an adoption agreement that allows for more contact or a closer relationship with the biological parents.
Before the child is born
When the mother is pregnant, she may meet with the adoptive parents and interview or build a relationship with them to build confidence in her decision to surrender her parental rights to them. The mother may invite the couple to doctor's appointments or allow them to witness the birth of the child.
After the child is born
For some the contact may end with the child's birth. Others may desire to continue the relationship to varying degrees. They may agree upon anything from yearly photo updates and reports, to frequent play dates with the biological family. While sometimes these agreements are made verbally, it is extremely important as a biological parent that all parties sign an official agreement, as the biological parents relinquish all legal rights to the adoptive parents.
SCHEDULE YOUR CASE REVIEW TODAY
Get the guidance you need to make adoption work for you. Call us today to get closer, faster, to provide a loving home for a child.
Holder Susan Slusher Oxenhandler LLC, Attorneys, 107 North 7th Street, Columbia, MO 65201
