Adoption Overview

A Comprehensive Tour Through Modern Adoption

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By definition, adoption is the process of transferring parental rights from one parent to another.
But it’s also much more than that — adoption is a lifelong journey that forever changes the lives
of adopted children, their adoptive parents and their birth parents.

The following provides an introductory tour of modern adoption, from the various forms it can
take to the people it affects, the policy that governs it and the first steps for pregnant mothers and
hopeful parents considering adoption.

Types of Adoption

To begin to understand adoption, it is important to first know the various forms adoption can
take and the differences between them.

The circumstances of each adoption vary greatly, and no two adoptions look alike. However,
most adoptions generally fall into one of five categories: domestic infant adoption (what
American Adoptions provides), independent adoption, foster care adoption, stepparent adoption
and international adoption. The different types of adoption vary in process, costs, wait times,
advantages and challenges.

Domestic Infant Adoption

In domestic infant adoption, U.S.-born infants are placed for adoption by their birth parents, who
legally consent to the adoption and select an adoptive family for their child. Hopeful adoptive
parents are matched with a birth mother during her pregnancy, and they then adopt the baby
when he or she is born.

National adoption agencies like American Adoptions specialize in domestic newborn adoption
and offer services throughout every step of the adoption process, including adoption counseling
and education, screening and matching services, arrangement and coordination of the adoption,
contact with home study professionals (for adoptive parents), hospital plan development and
coordination, general case management and adoption planning, and post-adoption support.

While domestic infant adoptions are usually facilitated by an adoption agency, some adoptive
parents choose to pursue an independent adoption without the help of an adoption agency.

Independent adoption: An independent adoption is one that is completed without the use of an
adoption agency. Adoptive families work directly with an adoption attorney to complete the
adoption.
Because many adoption attorneys do not (or legally cannot) provide many of the same services
as adoption agencies, including screening and matching, counseling and support services,
adoptive families will often need to outsource these services from other adoption professionals at
an additional cost.

Parents who choose to pursue adoption independently need to be comfortable navigating the
adoption process on their own, communicating directly with prospective birth parents and
coordinating the various adoption services they will need, including advertising, screening,
counseling and support, insurance and hospital coordination and more.

Foster Care Adoption

When a child is placed in foster care and his or her parents’ rights have been terminated,
that child is legally free for adoption. However, not all children in the foster care system are
legally adoptable.

Currently, there are 400,000 children in foster care, and one-quarter of them — about 100,000 —
are available and waiting for adoption. Some children are adopted by their foster parents, while
others are placed with adoptive families who have not fostered before. Preference will often be
given to a child’s current foster parents if that child becomes free for adoption while under their
care.

Foster care adoption is often the least expensive form of adoption, with costs commonly ranging
from $0–$1,000. In addition, some states provide monthly stipends to help support the child’s
needs.

Infant adoptions through the foster care system are rare, with the average age of children in
foster care being 7 years old, and because the state’s primary goal is to preserve families through
reunification, adoption wait times can be considerably longer than for private adoption.

Stepparent or Relative Adoption

Stepparent adoption is the most common form of adoption in the United States today. In these
arrangements, a stepparent or relative becomes a legal parent for his or her spouse’s or relative’s
child.

There are many reasons a parent may choose to legally adopt their stepchild. Children who are
legally adopted by their stepparents are entitled to that parent’s inheritance and are eligible to
receive insurance benefits. Adoption also makes it easier for stepparents to complete everyday
tasks, such as picking the child up from school and obtaining medical records. There are
emotional benefits as well, as stepparent adoption can provide parents and children with a sense
of permanence and family stability.

In some states, the process for stepparent adoption is different than for other forms of adoption.
For example, stepparents are not required to complete the adoption home study in certain states.
Families should check their state’s home study requirements and speak with an adoption attorney
to learn more about stepparent and relative adoption laws and processes in their state.

International Adoption

In international or intercountry adoption, parents adopt a child from a country other than their
own and bring that child to live with them permanently in their country of residence.
International adoptions are similar to domestic adoptions in that both forms of adoption involve
the transfer of parental rights. However, international adoption differs in its expenses, wait times
and legal processes — in most cases, the wait times are considerably longer and the legal process
is more complex.

Adoption laws and processes will further vary based on the country adoptive parents are
adopting from. For example, some countries have stricter age and marriage requirements for
adoptive parents than others. State laws will also dictate the steps adoptive parents will need to
make to finalize an international adoption.

For prospective adoptive families, choosing the type of adoption they’d like to pursue is one of
the first decisions in the adoption process. The type of adoption each family chooses will depend
largely on their adoption goals and the types of adoption situations they are open to, including
the amount of contact they’d like to share with their child’s birth family.

Openness in Adoption

Beyond the four types of adoption, adoptions may be further categorized by their level of
openness. Openness in adoption refers to the amount of contact shared between a child’s birth
parents and their adoptive family after the adoption.

Up until the 1980s, adoption was much more secretive and most adoptions were closed, meaning
that no contact or identifying information was shared between the adoptive family and birth
parents. This practice was detrimental to everyone involved in the adoption, especially the
adopted child.

Since then, adoption has evolved to allow birth parents to determine the type of relationship they
want to have with the adoptive parents and their child. This relationship can be thought of as on a
continuum, with closed adoption at one end and open adoption at the other. In open adoption,
adoptive families and birth parents openly exchange identifying information such as last names,
hometowns and personal contact information. In these arrangements, adoptive and birth families
will share direct communications, such as phone calls, emails or even visits.

Most adoptions fall somewhere in the middle of the continuum and are considered semi-open
adoptions. In these arrangements, non-identifying information such as first names are shared, and
contact, such as photos and letter updates, are mediated through an adoption agency.
Ninety-five percent of adoptions now involve some level of openness, and the benefits of these
open and semi-open adoptions are widely recognized: continued contact can help birth parents
cope with feelings of grief and loss, provide adoptive parents with important medical information
that may impact their child, decrease adoption wait times and give adopted children a stronger
sense of identity and self-confidence.

Research shows that most adoptive and birth families are happy with their open or semi-open
adoptions. However, maintaining the birth parent-adoptive parent relationship can sometimes be
challenging. Like any relationship, this relationship will likely change and grow over time.
Working with an adoption counselor and openly discussing each parties’ goals for post-
placement contact prior to the adoption can help facilitate these relationships.

Despite the occasional challenges of maintaining an open or semi-open adoption, experts agree
that more open adoption arrangements are in the best interest of everyone involved in the
adoption process, and birth mothers are increasingly requesting more open adoption
arrangements.

The adoptive family can choose the level of contact they would like to share with the birth
parents before and after the adoption, but many adoption agencies, including American
Adoptions, require adoptive families to be willing to participate in semi-open adoption. Because
more than 9 out of 10 women who choose adoption request some form of contact with the
adoptive parents, parents who are only open to closed adoptions will often wait for a long time
before finding an appropriate birth mother.

To better understand the unique benefits and challenges of maintaining openness in adoption, it
may be helpful to take a closer look at those involved in these relationships — the adoption triad.

The Adoption Triad

In many ways, the most important thing to understand about adoption is the people whose lives
are affected through the adoption process. The “adoption triad” is a term commonly used to
describe the three main parties involved in adoption: adopted children, their birth parents, and
their adoptive parents. Each member of the adoption triad plays an important role, faces different
challenges and ultimately benefits from adoption in their own way.

To truly understand adoption, it is necessary to understand each member of the adoption triad
and the role adoption plays in their lives.

Adoptive Parents

Parents choose to start or grow their families through adoption for a variety of reasons. Adoption
is a common choice for single people, LGBT couples and couples who have struggled with
infertility.
For these parents, adoption provides the ability to become parents when they may not be able to
have children otherwise. Adoption gives them the benefits of sharing their lives with a child and
experiencing all of the joys of parenthood.

Adoption also presents some challenges for adoptive parents. Prior to adopting, many parents
must overcome difficult losses and move past infertility. Once they finally become parents, they
will face some challenges unique to parenting adopted children. Talking about adoption and
family formation, addressing racial and cultural identity, blending adopted and biological
children and responding to hurtful questions and comments are some of the challenges adoptive
families sometimes struggle with.

Fortunately, there are plenty of resources and support available to help adoptive parents address
these challenges and share their adoption story. American Adoptions provides education and
support throughout the adoption process, and the following resources can provide additional
information about parenting adopted children:

 Child Welfare Information Gateway

 Adoptive Family Support Network
 North American Council on Adoptable Children
 National Foster Care and Adoption Directory
 Adoption Learning Partners

Adopted Children

Adoption has a significant impact on adopted children. Research has suggested that overall,
adopted children have significant advantages when it comes to factors such as health and school
performance. They are more likely to be read, sung and told stories to every day as young
children and are more likely to participate in extracurricular activities.

Because adopted children are raised by parents who have been planning and preparing for a child
for a long time, many adopted children have opportunities they wouldn’t have had otherwise.
Adoptive homes provide children with a stable, nurturing environment in which to grow, and
they are raised knowing that they have two sets of parents who love them: the adoptive parents
who raised them and the biological parents who selflessly chose to place them for adoption.

While the benefits of adoption for adopted children are clear, adopted children also face some
unique challenges. Adopted children may struggle with feelings of grief, separation and loss.
Older children may suffer the loss of their birth parents, siblings and extended family as well as
foster families, friends and familiar surroundings, and even children adopted as infants lose the
legal connection to their birth families. Adopted children may additionally struggle with self-
esteem and identity development, attachment issues and other mental health challenges. These
challenges may be present throughout the child’s life, or they may surface only at certain
milestones.
Despite the potential for these challenges, most adopted people have a favorable opinion of
adoption, with more than 90 percent of adopted children age 5 and older having positive feelings
about their adoption.

Open and honest adoption communication can be the most effective way for adoptive parents to
help children manage these post-adoption issues. Experts strongly encourage adoptive parents to
share their child’s adoption story from the beginning and to learn as much as they can about the
child’s background so they are able to answer questions as they arise. Having contact with the
child’s birth parents can also be beneficial for the child’s confidence and can help ease feelings
of grief and loss.

Birth Parents

There are many myths and stereotypes surrounding birth parents in adoption. Adoption
newcomers sometimes assume that birth mothers are “teen moms” or that they would have made
unsuitable mothers. However, the brave and selfless women who choose to place their children
for adoption come from all walks of life and have all different reasons for choosing adoption.

Most birth mothers do not fit the “teen mom” stereotype. Many women who choose adoption are
older and already raising other children in their home. There are plenty of birth moms who are
even married when they decide to place their baby for adoption. Most of them have completed
high school, and nearly half have completed college.

The reality is that these women, regardless of their age, background or circumstances, make
difficult choices and sacrifices in order to give their children the best life possible — and that
makes them great mothers.

In today’s adoptions, birth mothers have control over nearly every aspect of the adoption
process. The choices a pregnant woman makes throughout the adoption process — from
choosing an adoptive family to making a hospital plan to determining the amount of future
contact she would like to share with her child — are known as her adoption plan.

For prospective birth parents, adoption is an extremely emotional experience, and it is likely one
of the most difficult decisions they will ever make. However, adoption does have major benefits
for birth parents. It allows them to continue their education, careers and other goals, and it can
relieve the financial burden and stress of raising a child, especially for mothers who do not have
a partner to share parenting responsibilities with.

In addition, research has shown that women who choose adoption are often more successful later
in life — birth mothers are more likely to finish school, less likely to live in poverty, more likely
to marry and less likely to divorce than women who choose to be single parents.

Parents who choose adoption for their children can take comfort in knowing their children will
be raised in a stable and nurturing home and that they made adoptive parents’ dreams come true
by completing their family. They may receive financial assistance, counseling and support
throughout the adoption process. In open and semi-open adoptions, they have the option of
remaining an important part of their child’s life.

While adoption has life-changing benefits for birth parents, it also presents some clear
challenges. Birth parents often struggle with feelings of grief and loss, as well as the stress of
handling an unplanned pregnancy and explaining their adoption decision to others. Many
prospective birth parents worry about what their children will think of them for choosing
adoption. While these feelings and uncertainties are difficult, the women who selflessly choose
adoption do so because they ultimately believe that it is what is best for them and their baby.

To help navigate the challenges and difficult emotions of unplanned pregnancy and adoption,
American Adoptions offers free counseling and support to women throughout every step of the
adoption process.

For all members of the adoption triad, adoption is a lifelong process. Adopted children, birth
parents and adoptive parents all play different roles in the adoption process, but when the three
come together, adoption can provide all of them with new opportunities that they may not have
otherwise.

Adoption Laws

While adoption is an emotional journey for all members of the adoption triad, it is also a legal
process. Viewing adoption from a legal standpoint adds another dimension to one’s
understanding of adoption.

Each adoption involves a legal process in which one parent’s rights are terminated, voluntarily or
involuntarily, and transferred to the adoptive parents. The laws and processes for completing an
adoption vary from state to state.

Laws for Adoptive Families

 Eligibility: In general, adult individuals and married couples jointly may be eligible to
adopt. Different states have different laws regarding age and residency requirements.
Adoption by same-sex couples is currently prohibited in Mississippi.
 Advertising: Each state has laws regarding the use of advertisements in adoption. In some
states, only licensed adoption agencies and other professionals may place adoption
advertisements.
 Expenses: Most states allow adoptive families to pay reasonable birth parent expenses,
legal and professional fees. Some states prohibit certain expenses or require adoptive
parents to submit an accounting of all expenses paid throughout the adoption process.
 Home Study: Home study requirements vary by state in terms of the required elements,
the individuals who are investigated, the person or agency who conducts the home study
and grounds for withholding approval.

Laws for Birth Parents

  Consent: State laws determine when and how birth parents must consent to the adoption,
as well as who must consent — often the legal parents, the adopting parent’s spouse (if
married), and older children to be adopted, if they are of a certain age. In some states,
consent is revocable for a period of time following relinquishment.
 Birth Father Rights: Each state has different laws for determining paternity and protecting
birth fathers’ parental rights. Approximately 25 states have established putative father
registries that allow men to voluntarily acknowledge paternity or the possibility of
paternity and protect their right to notice of an adoption proceeding.
 Termination of Parental Rights: Parents who choose to place their children for adoption
voluntarily relinquish their rights. Each state also has provisions for involuntary
termination of parental rights (TPR). Common grounds for TPR include severe or chronic
abuse or neglect, sexual abuse, abandonment, long-term alcohol- or drug-induced
incapacity and failure to support or maintain contact with the child.

Interstate Compact for the Placement of Children (ICPC)

In addition, any adoption that takes place across state lines is subject to the Interstate Compact
for the Placement of Children (ICPC). ICPC regulates interstate adoption placements to ensure
that all state requirements are met and the placement is in the best interest of the child.

For interstate adoptions, ICPC paperwork must be filed and approved by the baby’s birth state as
well as the adoptive parents’ home state before the adoptive parents are free to return home with
their new baby. The process takes about 7–10 days to complete once the baby is born, meaning
that parents should plan to stay in the baby’s birth state for at least two weeks.

Failing to comply with ICPC could put the adoption in jeopardy, so it is important for adoptive
parents to talk with their adoption professional and ensure they understand their role in the ICPC
process.

The laws and policies surrounding adoption are in place to ensure all parties are protected
throughout the adoption process. American Adoptions works with the best adoption attorneys in
the country to ensure that all aspects of each of our adoptions are handled legally.

Beginning the Adoption Process

The first step in any adoption journey, both for expectant mothers and adoptive families, is to
determine that adoption is the right choice for them. Hopeful parents and pregnant women
considering adoption should do their research and weigh their options before deciding to pursue
adoption.

If you are an expectant mother or hopeful parent considering adoption, you are already on the
right track. It is important to have all of the facts before deciding whether to pursue adoption,
and taking time to learn about the types of adoption, adoption laws, and your role as a member of
the adoption triad is a great place to start.

Here are some additional suggestions for individuals and couples considering adoption.
Prospective Adoptive Parents

For adoptive parents, adoption is a big commitment. It is an emotional process that requires an
investment of time and money. It takes thought, consideration, research and planning to
determine that adoption it the best choice for each family.

If you are considering adoption for your family but are unsure if you’re ready to begin, take time
to understand the process and investment involved in adoption. In addition, consider your
answers to the following questions:

 If you have struggled with infertility, are you ready to move on and fully embrace
adoption?
 If you are part of a couple, do you both agree on adoption and your adoption goals?
 Are you financially prepared for adoption?
 Do you have the energy, patience and support you need for adoption and parenthood?
 Are you ready to open your heart and home to a child that is not biologically related to
you?

If the answers to these questions are yes, you are well on your way to being ready for parenthood
through adoption. If you are nervous about beginning the adoption process or have additional
questions about what to expect, talk with parents who have adopted before or reach out to an
adoption specialist for more information.

Every year, thousands of families are created through adoption. While there are many factors to
consider, these happy families generally agree that adoption is a positive experience and a
worthwhile journey to parenthood.

Prospective Birth Parents

When a woman is faced with an unplanned pregnancy, she is faced with a difficult choice:
should she choose parenting, abortion or adoption? Every expectant mother’s situation is
different, and she is the only person who can decide what is best for her and her child.

If you are pregnant and considering adoption, you should consider all of the pros and cons of
adoption and speak to an adoption specialist for guidance and support. In addition, ask yourself
the following questions to help you determine whether adoption is right for you:

 What kind of life do you envision for your child? Are you ready to provide this life to
your baby?
 Do you have the time and finances to properly provide for a child?
 If necessary, are you ready to set aside your personal aspirations for the benefit of your
child?
 Do you have the support system you and your baby need?
 If you are considering abortion, can you afford the procedure?
 Do you understand the physical risks and emotional consequences of abortion?
 Are you prepared to let another family raise your child through adoption?
  Would you like to maintain a relationship with your child through an open adoption?

These questions are difficult to answer, but thinking about your current situation and the life you
want for you and your baby can help you make your decision. For women who choose adoption,
it is an opportunity to provide a better life for their children, reclaim stability in their own lives
and pursue their dreams.

If you believe that adoption may be an option for you but are still unsure, consider speaking to a
birth mom who has been in your shoes, read about others’ experiences as birth parents or contact
an adoption specialist. American Adoptions’ specialists are available 24/7 to answer your
questions and offer support.
Adoption Laws
The first legal step in adoption is the termination of the parental rights of a child's birthparents.
The final step is the finalization of adoption in court, making you your child's permanent, legal
parents. Along the way, there are many points where adoption laws will have an effect on your
child's adoption.

Termination of Parental Rights (TPR)

This is a legal process involving a court hearing during which a judge issues a decree that
permanently ends all legal parental rights of a birth parent to a child. This must occur before a
child is considered to be legally free for adoption. Termination of parental rights can be
voluntary or involuntary, that is, with or without the birthparents' agreement. In some states,
there is a period during which the birthparent may appeal, if rights have been terminated without
his or her consent. The length of that period varies from state to state.

Legal Risk

Legal risk is a term used to describe a potential adoption in which the child to be adopted is
placed with the adoptive parents before the birth parents' rights have been terminated.

An adoption is considered to be high risk if the rights have not yet been terminated, and it is
expected that they may not be, because a birthparent or other relative will decide (and be
approved) to parent. The adoption of newborn infants is often considered high risk.

When a birthparent has consented to an adoption, there is a time period during which he/she can
change his/her mind (revoke consent). This time period varies by state. To learn about laws
specific to your state or jurisdiction contact your county's Department of Children and Youth.

An adoption is considered low risk when the rights have not yet been terminated, but it is
expected that they soon will be, and there is little likelihood of the child returning to the birth
family.

Each state makes its own laws in the area of adoption, according to state statute. While some
federal laws do apply, practices and policies can vary widely from one state to another or even
from one county to the next. To learn about laws specific to your state or jurisdiction, visit the
website of the Child Welfare Information Gateway, at
http://www.childwelfare.gov/systemwide/laws_policies/ or contact your county's Department of
Children and Youth.

To help you on your way there are a few people you will be in contact with. Here we will
describe the roles some of these people play. To adopt a waiting child or teenager, you will work
primarily with an adoption agency. It is only at the end of the process that you will need an
adoption attorney / lawyer, who will prepare the paperwork to be filed and represent you in
court.
Not every attorney is familiar with adoption. Your agency may be able to suggest someone with
whom it works regularly. You can also check with the American Academy of Adoption
Attorneys at 202-832-2222 or http://www.adoptionattorneys.org

If you are adopting an infant through private adoption, your attorney will play a larger role, and
you will want to take care in selecting the right individual. You may want to read the documents
found at: http://www.childwelfare.gov/adoption/adoptive/considerations.cfm. This links to the
Child Welfare Information Gateway’s numerous publications on the legal aspects of adoption.

If you have chosen intercountry adoption, you will also have more need for an attorney. You
may want to read the documents found at: www.adoption.state.gov, the Intercountry Adoption
Bureau of Consular Affairs of the US Department of State.

A judge's role in the adoption process is to make any needed changes in the child's legal status.
While a waiting child is in foster care, the child's case is usually reviewed periodically in court,
to determine whether the goal should be reunification with the birth family or adoption. If the
goal is changed, it must be done by a judge. A family court judge will make the decision to
terminate parental rights of the birthparents and will preside over the finalization hearing and
issue the adoption decree.

CASA

An acronym for Court Appointed Special Advocate. CASA volunteers are trained community
volunteers who speak for the best interests of a child in court. They are assigned by a judge to
research an abuse or neglect case, and provide the judge with information to help in making a
decision for the child's permanency. To learn more about CASA, visit its website at
http://nationalcasa.org.

In some jurisdictions, paid child advocates are assigned to each child in care. Thus, the child may
have his or her own attorney, or the advocate may be a social worker affiliated with an attorney's
or public defender's office.

Each state has an individual who is designated as its adoption specialist or manager. He or she
can be a resource for answering questions that pertain to the adoption statutes of that state, and
resolving difficult issues.

Adoption agencies are licensed by the state in which they are located. Some large agencies may
be licensed in more than one state. Ask your agency to see their licensing or you can contact
your state licensing specialist to find out if an agency you are considering working with is
licensed in your state.

Each state in the United States and each province in Canada has a special department which
deals with the affairs of children, youth and families, including child adoption. Some counties
have a similar department. These departments go by many different names, and may be a part of
the state's department of social services or human services. They provide services, case
management, and permanency planning for children who wait in foster care. Some also approve
families for adoption.

While you may never actually visit their offices, a waiting child whom you adopt will very likely
be in the care of such a department. Check the resource list for your state, or look in the blue
pages of your telephone directory for a local office.

Important legal adoption decisions are made in Family Court or, in some jurisdictions, in
Orphan's Court. Responsibilities of the courts include:

 periodic review of a child's case

 the termination of the birthparents' parental rights
 setting a goal for a child's future
 reviewing that goal periodically
 changing the goal, if necessary, from reunification with the birth family to adoption
 finalizing the child's adoption

Consent to adoption

May refer to either of three different legal documents.

The first is a legal document signed by the birthparents to verify their intention to reliquinish
their child for adoption. It may be revoked, in some states, until the Court enters a final
termination decree.

A second consent to adoption is issued by the adoption agency allowing the adoptive family to
finalize the adoption after all agency and legal requirements have been met. An adoption cannot
be finalized without this consent.

When a child being adopted is twelve or older, the child's consent may also be needed. This
varies from state to state.

Original Birth Certificate

The original birth certificate is a certified document which indicates a person's birth information,
including the birth mother's name, birth father's name if known, the date, place, and time of birth
and the name given to the child at birth. When a child is adopted, an amended birth certificate is
issued.

The laws of the state in which the child was adopted determine who has access to the original
birth certificate or other adoption records, and whether those records are sealed (unavailable).
For information about the law in each of the 50 states and the District of Columbia, see the:
http://www.childwelfare.gov/adoption/. This links to the Child Welfare Information League’s
numerous publications on the legal aspects of adoption.

Finalization
Finalization is the legal process which transfers custody of the child from the adoption agency,
county, or state to the adoptive parents. In a court hearing, an attorney represents the family and
presents the case to the judge, resulting in the adoption decree. This is the moment when the
adoptee becomes the permanent, legally adopted child of the adoptive parents. This process
cannot occur until the adoptive parents have had the child in their home for the time determined
by state statute, usually at least 6 months.

The finalization hearing, sometimes held in the judge's chambers, usually lasts less than an hour,
and is attended by the adoptive parents, the child, the family's attorney, and a social worker from
the child's agency. The judge may review the family's homestudy, ask questions, and generally
attempt to ensure that the child is being placed in a safe, loving home.

Adoption Decree

The adoption decree, sometimes called adoption certificate, is the document issued by the court
upon finalization of an adoption, stating that the adoptee is the legal child of the adoptive
parents.

Amended Birth Certificate

This is a birth certificate issued after a child has been adopted, similar to the original birth
certificate, but names the adoptive parents as the parents. An adopted child will have both an
adoption certificate and a birth certificate, although he or she may have access only to the
amended one.

Social Security Card

To claim your adopted child or teenager as a dependent for tax purposes, he or she must have a
social security number. If your child already has a number when he or she is adopted, you may
either keep the same number or have a new number assigned. If your child is receiving Social
Security benefits, Supplemental Security Income payments, or if the child has worked, the Social
Security Administration will not assign a new number, but will update the child's record. In any
case, you will need to contact the Social Security Administration to be sure the number is
registered correctly, reflecting you as the child's parent. To find the nearest local office, visit the
Social Security Administration website at www.ssa.gov.

Open Adoption Agreement

An open adoption agreement spells out the terms of the contact between the parties in an open
adoption. An open adoption agreement can specify frequency and manner of contact between
adoptive and birth families, and/or between siblings placed separately. However, while it may be
drawn up in the form of a contract and signed by both parties, it is not legally binding.

For further information on the following topics you can visit the websites mentioned with each
section.
Adoption and Safe Families Act (ASFA)

The Adoption and Safe Families Act of 1997 (ASFA) is a federal law which was established to
promote the safety, permanence, and adoption of children in foster care.

The law limits the amount of time a child may stay in foster care by establishing shorter
timelines for determining when she or he must have a plan for permanency. The law states that
permanency court hearings must be held for children no later than 12 months after they enter
foster care and the law also states that termination of parental rights proceedings must begin for
any child who has been in the care of a state agency for 15 out of the most recent 22 months.
Exceptions may be made to this requirement if the child is in the care of a relative or for other
compelling reasons.

ASFA also promotes interstate adoptions by prohibiting state agencies from denying or delaying
a child's adoptive placement when an approved family is available outside of the child's
jurisdiction. All 50 states have passed legislation to comply with ASFA.

Your personal documents

In order to complete the homestudy, you will need to provide several documents, including:

 a copy of your birth certificate obtained from the bureau of vital statistics in your state,
 a certified copy of your marriage license, if applicable
 certified copies of divorce decrees, if applicable
 birth certificates for your partner or spouse
 birth certificates for your children and adoption decrees, if applicable
 A copy of your paycheck stub, w-4 form, or completed income tax form
Adoption
Overview

Adoption refers to the act by which an adult formally becomes the guardian of a child and incurs
the rights and responsibilities of a parent. At the conclusion of the formal process, a legal
relationship between child and guardian will have formed. The legal relationship results in the
adoptee becoming the legal heir of the adopter and terminates any legal rights then in existence
with the natural parents.

Although adoptions have historically fallen within the sphere of state authority, Congress has
used its spending power to garner some influence over state adoption programs. Under this
program, Congress grants money to the states to carry out their programs if they abide by certain
Congressional mandates.

Fundamental Right

In Santosky v. Kramer, 455 U.S. 745 (1982), the Supreme Court held that the natural parent’s
right to have custody of their children is a fundamental right.

Types of Adoptions

While certain jurisdictions only permit one of the two types of adoptions, other jurisdictions
recognize two types of adoptions – open and closed adoptions.

Most cases in which parental rights are terminated occur because of a consensual forfeiture of
those rights by parents. Generally, a parent cannot revoke a consensual forfeiture.

Open Adoption

An open adoption permits the birth mother to select her child’s adoptive parents. Some
jurisdictions also permit the parents in an open adoption to maintain their visitation and contact
rights.

Closed Adoption

A closed adoption, meanwhile, results in the birth mother relinquishing all rights over the child
and allows a state administrative agency to conduct the selection process.

Methods of Adoption

Parents looking to adopt can choose one of two methods, they may either adopt through an
agency or they may adopt through independent contact with the biological parents. Both public
agencies and private agencies exist for the purpose of facilitating adoptions. States run the public
agencies, as a state interest exists in placing parentless children with couples looking to adopt.
Public agencies employ a stringent test to determine the suitability of parents looking to adopt.
With adoptions through public agencies, adoptive parents do not have the child placed with them
until the natural parents have relinquished their rights. Both public and private agencies abide by
these practices.

With independent adoptions, the natural parents take on the responsibility for finding suitable
adoptive parents. Often, the natural parents will place the child in the prospective adoptive
parents’ house for a trial period without the natural parents having relinquished their rights.

Who May Adopt

The U.S. Constitution does not provide a fundamental right to adopt. States have the power to
prohibit adoptions and to prohibit adoption by certain groups.

The Uniform Adoption Act

Statutes determine the requirements regarding who may adopt in a given state. The Uniform
Adoption Act ("The Act") is a model act that was proposed by the U.S. Uniform Laws
Commission. Some states have modeled their adoption statutes upon The Act. The Act provides
that any individual may adopt another individual in an effort to create the legal relationship of
child and parent, subject to the adopting individual having reached adulthood.

State Variance

States vary with regard to factors they consider as disqualifying one’s ability to adopt. Some
statutes disqualify unmarried or single individuals. Others disqualify those suffering from
physical or mental disabilities. Some states have imposed “reputability requirements.” Under a
reputability requirement, individuals with criminal histories or employment instability would not
qualify as suitable for adoption.

To proceed, an individual cannot petition for adoption unless the court makes an official finding
that the individual is “acceptable” as an adoptive parent. Before an adoption becomes official,
the court must pass upon an investigatory report submitted by the state agency that the individual
qualifies as “acceptably suitable” for becoming an adoptive parent. These investigatory reports
are tremendously detailed, including the petitioners’ religious backgrounds, social history,
financial status, moral fitness, mental and physical fitness, and criminal background. After
weighing the factors, the agency makes a recommendation, which the court can accept or reject,
with the court basing its decision on serving the best interests and welfare of the child.

Procedure for Adoption

An individual wishing to adopt must petition the court to grant adoption, presenting evidence
that they have satisfied the necessary statutory elements. After an investigation, the state
adoption agency presents its report of the petitioners to the court and makes a recommendation.
When the statute requires their consent, due process accords the natural parents an opportunity to
be heard by the court on the matter. If the court cannot find the natural parents, the court must
take steps reasonably calculated to notify the parents about the termination proceeding. For
situations in which the natural parent cannot or does not want to care for the child, the natural
parent’s wishes for the child’s placement receive significant weight from the court.

The petitioner bears the burden of proving by a preponderance of the evidence that adoption is in
the child’s best interests. An adoptive parent looking to terminate the biological parents’ natural
rights must show the action to be in the child’s best interest by “clear and convincing evidence.”

https://www.law.cornell.edu/wex/adoption

Adoption Law: United States

Summary

Adoption in the US is mostly governed by state law, although federal constitutional principles
and limited federal statutes may come into play. General features of adoption law that are
common across states include the complete vesting of parental rights with the adoptive parents,
the requirement of consent, the best interests of the child standard, the confidential nature of
adoption proceedings, and the permanent nature of adoption.

Introduction

Adoption is a legal process by which “a person takes another person into the relation of child and
thereby acquires the rights and incurs the responsibilities of parent in respect of such
other person.”[1]

In the United States, apart from limited federal constitutional and statutory law, adoption is
controlled by state law. While uniform adoption acts have been proposed for the states, only a
few states have adopted them.[2] State law varies in many particulars, but general features of
adoption law that are common across most states in the US are described below.

Federal Law Relevant to Adoption

While adoption is mostly a matter of state law, there is a limited amount of federal law relevant
to adoption.

Federal Constitutional Law

Under the Due Process Clause of the Fourteenth Amendment to the US Constitution, the
Supreme Court has held that natural parents have a fundamental liberty interest in the care,
custody, and management of their children.[3] In light of this, decisions in state proceedings to
terminate parental rights must be based on clear and convincing evidence; findings based on a
preponderance of the evidence standard are insufficient.[4]

Under the Equal Protection Clause of the Fourteenth Amendment, the Supreme Court found
unconstitutional a state law that differentiated between the unwed mother and the unwed father
of an illegitimate child with respect to their right to consent to the child’s adoption, where the
father had shown a significant paternal interest in the child. The Court ruled that there was no
substantial relationship between the law’s gender-based discrimination and the state’s interest of
providing for the well-being of illegitimate children, and therefore the discrimination was
impermissible under the Equal Protection Clause.[5]

Federal Statutory Law

A few federal laws promote, support, or in some cases regulate state adoption and foster care
efforts. For example, the Federal Adoption Assistance and Child Welfare Act of 1980 provides
for federal funding to be distributed to qualifying state foster care and adoption assistance
programs.[6] The Adoption and Safe Families Act of 1997 promotes state programs encouraging
the adoption of children in foster care.[7] The Indian Child Welfare Act of 1978 establishes
standards for the adoption and foster care of Indian children.[8]

Within the broad parameters of federal law, however, states have wide latitude to structure laws
regarding adoption.

Principles of State Adoption Law

While state adoption laws are not uniform, some common principles that all US states recognize
can be identified.

Parental Rights and Responsibilities Vest with Adoptive Parents

Adoption severs the legal relationship of adopted children with their biological parents, and
adopted children become, for all legal purposes, the children of their adoptive parents.[9] The
adoptive relationship creates new legal rights and obligations under a variety of federal and state
laws, including tax laws, social security, inheritance, and others, while rights and obligations
under such laws with respect to the prior parents are usually extinguished.[10] Adoption is
distinguishable from proceedings such as custody and guardianship in that adoption endows the
adoptive parents with the status of legal parentage, while the other types of proceedings do
not.[11]

Necessity for Consent

In all states, adoption proceedings require the biological parents to voluntarily and knowingly
consent to the adoption, except where this consent requirement is waived or forfeited. An
“essential characteristic [of US adoption law] is that adoptive relationships will not be created at
all unless a court is confident that, absent waiver, voluntary and informed consents have been
obtained from the biological parents[, or] appropriate grounds exist to waive the right of the
parent to consent.”[12]

All states have statutes requiring that the birth mother consent to the adoption of her
child.[13] The consent of married fathers is also typically required.[14]

As to unmarried fathers, the Supreme Court has ruled, at least with respect to those that have
manifested significant paternal interests in their children, that a state may not deny them the right
to consent to an adoption while granting that right to unwed mothers.[15] In response to this
ruling, states have addressed the rights of unwed fathers in adoption proceedings in a variety of
ways.[16] For example, approximately half of the states have established putative father
registries, to allow unwed fathers to register their contact information in order to obtain notice of
adoption proceedings.[17]

Children that have reached a certain age, typically between ten to fourteen years depending on
state law, must also consent to the adoption.[18]

The right to consent may be waived or forfeited through abandonment, judicial termination of
parental rights, adjudication of incompetence, and the like.[19]

Best Interests of the Child

In all states, the determination whether prospective adopters are suitable parents is based on a
finding that an adoption is in the best interests of the child.[20] The law requires the focus to be
on the interests of the child, rather than the interests of the birth parents, the adoptive parents, or
anyone else. An adoption is generally not final until a probationary period of a certain number of
months has elapsed, during which time the question of the best interests of the child may be
evaluated.[21] A court will generally rely on investigations conducted by child welfare
professionals in determining whether a placement is in the best interests of the child.[22]

Confidential Nature of Adoption Proceedings

Adoption proceedings and records are confidential in nature. Adoption proceedings are closed to
the public. The records of the adoption proceeding are sealed and may not be opened except
upon a judicial finding of good cause, or in some states upon the mutual consent of all
parties. The child’s original birth certificate is sealed, and a new one is issued containing only
the child’s adoptive name.[23]

Traditionally, biological parents of a child who was placed for adoption were unaware of the
identity of the adoptive parents, and vice versa. In recent decades, the law of many states has
become more accommodating of efforts to open sealed adoption records and original birth
certificates, and of agreements allowing ongoing contact between adoptive and birth families
following the adoption decree.[24]

Permanent Nature of Adoption

Upon finalization of the adoption, the adoptive parents obtain the same rights and responsibilities
with respect to the child that biological parents typically have, and the parental relationship is not
subject to revocation. After a period specified by each state’s law, the adoption proceeding
cannot be reopened, absent fraud or significant procedural irregularity; incompatibility or the
second thoughts of any party cannot serve as the basis of reopening the proceeding.[25]

Luis Acosta
Senior Legal Information Analyst
May 2013

http://www.loc.gov/law/help/adoption-law/unitedstates.php

 TERMINATION OF PARENTAL RIGHTS

Termination of Birth Parent Rights

Regardless of your circumstances and the type of adoption you are pursuing, every adoption
involves the legal transfer of parental rights from one parent to another. In every case, this means
the biological parents’ rights must be legally terminated before the child can be adopted into
another family.

Termination of parental rights can happen in two ways: voluntary termination (or consent to
adoption), or involuntary termination. Below, learn more about termination of parental rights and
the role this legal process will play in your adoption.

Voluntary Termination of Parental Rights (Consent to Adoption)

When an expectant mother chooses adoption for her baby, she is voluntarily terminating her
parental rights. Voluntary termination occurs when the birth parents legally consent to adoption,
relinquishing all of their parental rights and responsibilities. This type of termination of parental
rights is most commonly associated with domestic infant adoptions.

Mothers who choose adoption for their babies generally have the right of consent. Birth fathers
often must legally establish paternity before they have the right to consent to or contest an
adoption. Laws and processes for establishing paternity vary by state. Some states have
established a putative father registry for this purpose.

State laws also determine when and how consent can be executed. In most states, birth mothers
must wait for a specified amount of time following the child’s birth before executing consent
(these waiting periods vary from immediately to 30 days following birth); some states allow birth
fathers to execute consent during the pregnancy. Most states require the consent to be in writing
and executed before competent witnesses, a judge, or another court-appointed person.
Once a parent consents to adoption, they may have a limited amount of time to withdraw their
consent before it becomes irrevocable. In some states, consent is irrevocable upon signing, while
others allow revocation before the entry of the final adoption decree in certain circumstances.
Some states allow a longer revocation period for children of Native American heritage.

State laws may allow birth parents to withdraw consent for the following reasons:

 The consent was obtained by fraud or coercion

 Consent is withdrawn within a specified revocation period
 It can be shown that the revocation of consent is in the child’s best interest
 The birth and adoptive parents mutually agree to withdraw consent

Revocation laws are designed to ensure permanency for the adopted child. By limiting the time
during which a birth parent can withdraw their consent to an adoption, these laws promote
stability and security for adoptive families.

There are cases in which parental consent is not required in order for an adoption to proceed.
Consent may not be necessary of a parent who has abandoned a child or failed to provide support
or establish a relationship with their child. In some states, consent is not required of a parent who
has committed certain crimes against the child or the other parent. Birth fathers who have not
properly established paternity may not be able to consent. And, under certain circumstances, the
birth parent’s rights may be terminated involuntarily.

Involuntary Termination of Parental Rights

In some cases, birth parent rights may be terminated involuntarily by the court. Each state has
different grounds for involuntary termination. Some common reasons include:

 Severe or chronic abuse or neglect

 Sexual abuse
 Abandonment
 Long-term mental illness, alcohol or drug abuse
 Failure to support the child or maintain a relationship with the child

While voluntary termination of parental rights is generally most common in domestic infant
adoption, involuntary termination of parental rights is most commonly associated with foster
care adoption.

When a child enters the child welfare system, his or her parents do not immediately lose their
parental rights. The state must make reasonable efforts to provide services that will help
preserve the family and reunite the child with his or her parents by remedying the conditions that
brought the child into the welfare system. These reasonable efforts are determined by state laws
and may include services such as parenting classes, substance abuse treatment, or family therapy.
A foster child’s biological parent generally has several chances to make a reunification plan and
meet certain requirements before their rights are legally terminated by the court. Once
termination of parental rights occurs, the foster child is legally freed for adoption.

However, there are some extreme instances in which reasonable efforts are not required and the
court may determine that reunification is not in the child’s best interest. In these cases, parental
rights may be terminated involuntarily by the court. Some circumstances in which reasonable
efforts are not required include:

 The child is a victim of abandonment, torture, chronic abuse or sexual abuse

 The parent murdered another of his or her children
 The parent committed a felony assault that resulted in serious injury to one of his or her
children
 The parent’s rights to the child’s sibling were terminated involuntarily

Termination of parental rights is an important part of the adoption process. Whether you are a
prospective birth parent or hopeful adoptive parent, you may want to speak with an adoption
specialist or adoption attorney to fully understand your state’s laws and termination of parental
rights in your specific circumstances.

https://consideringadoption.com/adopting/legal-process-of-adoption/termination-of-birth-
parent-rights

Termination Of Parental Rights

Before an adoption can take place, parental rights must be terminated. All of the caregivers and
separated or divorcing parents that we work with want nothing more than what is best for their
children. Sadly, a child's well-being may require the severing of a relationship with a parent.
This may occur when:

 A parent fails or refuses to perform essential parental duties

 Continued contact with a parent threatens a child's safety or welfare
 A parent fails to maintain contact with a child for a prolonged period of time

In every case, there must be sufficient evidence to convince a court that terminating parental
rights is necessary and appropriate.

To terminate a parent's rights forever, another adult, often a stepparent, must be willing to step in
to adopt the child. In many cases, a child's stepparent has already been acting as his or her father
or mother and the parties are asking the court to solidify an already existing family unit.

https://www.purdylawoffice.com/Adoption-Termination-Of-Parental-Rights/
  CONCEPT OF ADOPTION IN THE PHILIPPINES

Adoption in the Philippines is a process of granting social, emotional and legal family and
kinship membership to an individual from the Philippines, usually a child.[2] It involves a transfer
of parental rights and obligations and provides family membership. The Department of Social
Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a
permanent family to a child whose parents have voluntarily or involuntarily given up their
parental rights."

Philippine Republic Act 8552, also known as the Domestic Adoption Act of 1998, recognizes
that children should grow up with their biological parents; however, should the efforts of
biological parents to raise their child be insufficient, other members of the extended family may
take on the responsibility of parenthood for the child. It is only when members of the extended
family are not available that adoption by non-relatives is allowed to take place.

Adoption
Release Date:
Wednesday, August 15, 2012

What is adoption?

Adoption may be considered a process "to take into one's family through legal means and raised
as one's own child". (The Groiler International Dictionary, vol. 1, 1981 : Houghton Mifflin
Company).

Adoption is also defined as "a judicial act which creates between two persons a relationship
similar to that which results from legitimate paternity and filiation" (A Valverde 473, quoted in
Prasnick vs. Rep. of the Phil. 665). (Civil Law Reviewer by Desiderio P. Jurado, 1882 Twelfth
Edition with Supplement published by National Book Store, Inc.)

Rule 1 of OCRG Circular No. 90-2 dated 28 March 1990 likewise define Adoption as a legal
process pursuant to P.D. No. 603, as amended by Executive Order No. 209 (Family Code of the
Philippines) in which a child's legal right and duties toward his natural parents are terminated
and similar rights and duties toward his adoptive parents are substituted.

Adoption is always a juridical act (Lazatin v. Campos, 92 SCRA 250) and it cannot be granted
administratively. And because there can be no valid adoption without a court decree granting the
same, a mere agreement of adoption between the adopters and the parents of the child is not a
valid adoption (Ynigo v. Republic, 95 Phil. 244), nor the mere fact that the child has lived with
the alleged adopter who had treated him like his own child sufficient to establish a valid adoption
between the alleged adopter and the child (Lazatin v. Campos, 92 SCRA 250).
What are the requirements for registration of adoption?

The following documents shall be submitted to the Local Civil Registrar for entry in the Register
Of Court Decrees:

1. Four (4) copies of judicial decree of adoption to be distributed as follows: first copy to
the registrant, second copy for the local civil registrar making the entry, third copy to
the local civil registrar of the place where the birth of the child was originally registered
and the fourth copy to the Office of the Civil Registrar-General.
2. Four (4) copies of the birth certificate of the birth certificate of the adopted to be
distributed in accordance with the immediately preceding paragraph (OCRG Circular No.
90-2 dated 28 March 1990).

What are the requirements that shall be complied with by concerned parties in the
preparation and issuance of the Amended Certificate of Live Birth of the adopted child?

The following requirements shall be complied with by the concerned parties:

1. Certification of registration of the adoption decree to be issued by the civil registrar of

the city or municipality where the adoption decree was recorded;
2. Authenticated copy of the adoption decree bearing registry number and date of
registration;
3. Copy of the registered Certificate of Live Birth of the Adopted child. If the birth of the
adopted child was not previously registered, the same should first be recorded in the
civil registrar with the child's natural parents under the rules governing delayed
registration of birth;
4. If the adopted child was a foundling, the document to be amended is his Certificate of
Live Birth based on the available information which may be obtained from the adopting
parents, or from reliable and competent sources;
5. The amended Certificate of Live Birth shall be attached to the original Certificate of Live
Birth of the child which is filed at the office of the Civil Registrar; and
6. When the interested party requests a copy of the amended Certificate of Live Birth, the
copy to be issued shall not bear the annotation or any remark that will disclose the facts
of the adoption. (Rule 55 A.O. No. 1 S. 1993).

https://psa.gov.ph/civilregistration/adoption