Many factors can have an impact on the adoption process, the financial situation of the adopting parents, their family situation, the kind of child they are looking to adopt and so on. The adoption laws of the state or country they are hoping to adopt the child from will determine the steps that they need to take to finalize the adoption and also affect how long the adoption process will take. In order to make sure that the process does not get delayed unnecessarily, it is important for an adopting family to keep the relevant laws in mind while considering adoption.
The first thing they need to know is that laws can vary from state to state. In addition, federal laws can also affect certain procedures. It is important to be clear about what state laws and federal laws only has to comply with while proceeding with the adoption process. This is best done with the help of an adoption attorney. Depending on whether you have chosen a domestic adoption or an international adoption, you can select an attorney with a specialization in that field. They will be able to explain to you what the various laws imply and what is expected of you in the adoption process.
Most states have a few laws in common. For example, the law concerning obtaining the consent to adoption. This law states that there has to be clear consent from the birth parent or an adoption agency to give the child up for adoption thereby forfeiting all rights related to the child. There are many such laws that have been brought into effect to safeguard the rights of the birth parents and to ensure that no one can take away their child from them by force. These laws also safeguard the rights of the adopting parents providing them a sense of security that they are now legally the parents of the adopted child and have full parental rights over the child. All the provisions in law regarding adoption have been taken with the intention of safeguarding the rights and interests of all the parties involved, including those of the adopted child.
States also specify who are eligible to adopt a child and who are not. Typically, a married couple or single individual is eligible to adopt a baby. Some states allow the step-parent to adopt a baby of their spouse giving them full parental rights. Typically parents wanting to adopt must be at least 21 years of age and in some states, older than 25 years before they can consider adopting.
There are some laws regarding who can put a child up for adoption. Usually, the person who has the legal rights over the child can provide consent and place the child for adoption. This could include the child’s birth parents or legal guardians. In some cases, if the child is in foster care, the Department of Social Services can provide consent. Many states also allow private adoption agencies to handle placements of children put up for adoption.
Both birth parents and adopting parents must clearly understand the provisions in the law regarding adoption to ensure that their rights and that of the child being placed for adoption are fully safeguarded.