Adoption has not always been legal. As such, the law did not originally provide for adoption. Of course, adoption is now permitted and it is now governed by state statute.
The general concept underlying adoption is that we can only have one set of parents at a time. Thus, for adoption to occur, the biological parents must have their parental rights terminated. Parental rights can usually be terminated by a voluntary waiver executed by the biological parents or a court finding that biological parents are unfit to raise the child.
The adoption process usually starts once the parental rights of the natural parents are terminated. This process usually involves filing a petition for adoption with the courts. If a petitioner is married, both spouses must join in the petition for adoption.
The court will then conduct hearings to determine whether the adoptive parents are fit to raise the child. A regular adoption occurs when the adoptive parents comply with all of the procedural requirements.
An equitable adoption occurs where the adoptive parent is perceived to be the child’s parent even though the adoptive parent does not comply with all of the procedural requirements.
An option adoption occurs where a mother, while pregnant, picks an adoptive parent and agrees to stay in touch with the child. This involves a written agreement between the genetic or biological mother and the adoptive parents which allows the biological mother to visit the child if the visitation continues to be in the best interest of the child.
If the court approves the adoption it will enter an order of adoption. An order of adoption creates the parent-child relationship between the adoptive parent and the child for all purposes. The adoption may not preclude or affect the rights of the biological or adoptive maternal or paternal grandparents to reasonable access to the child.
If you're considering becoming a parent through adoption, you already know you'll be entering into a rigorous process. A major component of that process is the home study, during which a licensed social worker investigates prospective parents to see if they are suitable candidates for adopting a child.
While you might cringe at the idea of having an outsider come in to assess your parenting capabilities, if you think about it from the child's perspective it makes sense. Basically, the home study exists as a safeguard for children. But it can help parents, too. "[The home study] gives people an opportunity to prepare for adoptive parenthood by looking back at where they've been and forward toward where they're going with a clearer vision of all the things that brought them to this point," says Renee Lubowich, an adoption social worker in Wellesley, Massachusetts.
With that in mind, here are some answers to common questions about home studies to help you get ready.
What Information Will We Need to Provide?
Specific home study criteria vary from state to state and, for international adoptions, from country to country. A local adoption agency can tell you what your state requires. If you're planning to adopt internationally, try to decide what country you want to adopt from before initiating a home study, says Sam Wojnilower, an adoption social worker and Russia program coordinator for Adoptions from the Heart, based in Wynnewood, Pennsylvania. That way you can avoid the time and expense of having to redo parts of the process to meet the requirements of a particular country. An agency that deals with international adoption can advise you of the rules for different countries.
In general, you can expect to be asked to disclose your medical history, including testaments to your physical and medical health, and your financial status (you don't have to be rich—just responsible). A social worker will also visit your home to, at a minimum, make sure there are no safety hazards and there is sufficient space for a child. Most states require a police background check and a child abuse background check; some also require federal criminal clearance.
States also give a lot of discretion to agencies, says Wojnilower, whose social workers will interview the prospective adoptive family, sometimes several times. Agencies might also ask you to write biographical essays, discuss your views on childrearing and discipline, or submit character references.
What Will It Cost?
Home studies usually cost at least $1,000 and can run up to $5,000. They are free, however, if you adopt a child who is a ward of the state in foster care. In those situations, the state covers the cost. (For more information on adopting children through the child welfare system, visit Adopt Us Kids, and check Is Foster Parenting Right for You (and Your Family?)
Answered by GoodscoutAge : 31 1 month ago
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