When people adopt children, they rightly want to focus on emotional and family elements of the process. However, adoption is also a thorough legal process. Consequently, you'll need to address some basic issues. If you're ready to move forward, an adoption attorney will want you to know these four things about the system.
The Best Interests of the Child
In American family law matters involving minors, this is always the overarching standard for all decisions. When a judge looks at any request, such as one to allow the adoption of a kid, the court wants some assurances that the decision will serve the best interests of the child. The court may also appoint a child advocate to represent the interests of the minor.
A household adopting a child without a family likely won't encounter tons of resistance on this front. Most of the focus will be on providing a safe and nurturing environment for the kid. However, if a biological parent is around and wishes to assert their rights, you may want to discuss your options with an adoption lawyer. Remember, a court will want to keep a child with a consenting biological parent as long as they can provide a safe environment.
The Child's Rights
As an adoptable kid gets older, they will have more legal say regarding whether they want to live with a family. While this shouldn't deter anyone from adopting an older child, it is something to keep in mind. Ideally, even with a younger child, the kid should be enthusiastic about the proposed adoption.
Financial Documentation
Judges don't want to see an adoption lead to a financially unstable situation. You don't have to be wealthy, but the court may have some questions about your financial circumstances. Unsurprisingly, foster families usually face less opposition because child services have typically already vetted them. However, you should be prepared to document your income based on at least two years of tax returns.
Identify Verification and Background Checks
A judge will typically want to verify the identities of all potential parties to the adoption. This includes the identities of the adoptive and biological parents, if at all possible. Likewise, an adoption attorney should document the identity and eligibility of the child. Also, some states have licensing processes for adoptive parents.
The court may ask the parents to submit to a background check. Generally, these background checks cover histories of criminal or abusive behavior.
If you are interested in finding out more about the adoption process, speak to an adoption attorney at a firm such as Evans & Turnblad.
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