Adopting a child is a wonderful thing. Figuring out how to navigate the adoption proceedings is not. That’s why a good adoption lawyer can really come in handy.
The laws on adoption vary from state-to-state and you should talk with a qualified adoption lawyer in your area for further information. I’m going to discuss some of the initial adoption proceeding requirements in this post to give people a good idea of how to proceed forward with an adoption.
First, the adoptive parent must establish residency in the jurisdiction. This means that the adoptive parent must actually physically reside in a state for a specific amount of time unless the requirement is waived by the court. In some states, the adoptive parent may be required to reside in the state for one year. In other states, the time requirment may be more or less.
Second, depending on which state you live in, a juvenile court may have original jurisdiction in all adoption proceedings. Of course, the juvenile court must be in the county where you live. In other states a judge in a probate court may have jurisdiction over all adoption proceedings. Why is knowing which court has jurisdiction important? Because, if you don’t file your adoption paperwork in the right court, the adoption doesn’t take place. Pretty simple.
Assuming you met the residency requirement and you have filed your adoption paperwork in the right court, you next need to file a document called a “Adoption Petition” with the court and, in some states, with an adoption agency or commissioner. Often, the court will not allow an adoption to proceed forward without the approval of an adoption agency. Thus, the agency may need to be notified and must be allowed to conduct an investigation into the adoption. The investigation takes time and there is typically a cost associated with it.
At times, some courts may allow the requirement that an adoption agency requirement to be waived. This would mean that some states allow private party adoptions which by-pass the need for approval by an adoption agency. You should check with an Minnesota adoption lawyer in your area for further information on waiving such requirements.
The next steps in the initial adoption proceedings are complicated and, again, vary from state-to-state. In most states, notice to all required parties is a must. The required parties typically include: the natural parents of the child, the adoption placement agency, the proposed adoptive parents.
Furthermore, the court must find that the adoption is in the best interest of the child. In my experience, a court must find that the adoption is in the best interest of the child in order to issue and adoption decree and allow the adoptive parent to adopt the child. The best interest standards are similar to the standards required for placement of children with a parent in a custody case.
Determining what is “in the best interest of the child” is a multi-faceted and evolving doctrine. A good lawyer who is licensed to practice law in you state will know that law and will be able to guide you through the initial adoption proceedings. Furthermore, this lawyer should know the best interest of the child standards by heart and will know how to prove those standards to a judge.
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