California Adoption
A Quick Guide to California Adoption
California Adoption Laws
There are several sections of California Family Code that set guidelines for different kinds of adoptions. Part 2 of Division 13 covers the adoption of unmarried minors, and Part 3 covers the adoptions of adults and married minors.
California Adoption Requirements and Eligibility Factors
In the state of California, adoptions can occur if the adopting part is as young as 18 years old and show evidence of a safe home and good finances. The petitioner must usually be at least 10 years older than the child or adult being adopted, but married couples have the most preference within the state of California.
If the person trying to file a California adoption has a criminal background, has shown evidence of abuse or violence in the past, does not meet eligibility requirements from a home study from a social worker, does not show evidence of being financial stable, or more, they cannot normally petition for a California adoption.
California Adoption Process
California adoptions occur the most frequently within married relationships, but the state gives no preference to domestic partnerships or single parents. Additionally, you do not need a home as long as you can prove you are economically stable.
There are several different steps for an independent California adoption and California adoptions that go through an agency. If you are adopting independently, you will have to follow the steps listed below:
• unless California adoptions are interstate, the adopting parents usually won’t need to go through a home study and the birth mother will personally select the legal parents
• the birthing parent will sign the Adoption Placement Agreement several days after the birth of the child, and this agreement becomes permanent after 30 days
• if the mother decides to keep the child within 30 days, she can cancel the agreement, but she can also waive the 30 waiting period if she wishes to go through with the California adoption immediately
If you need legal advice and assistance, contact California lawyers.
Steps for a California adoption through a certified agency under the state:
• the parent or individual will file a petition in order to try and adopt the child
• an approved agency will conduct a home study while involves the parents being fingerprinted, providing letters of reference, proof of marriage if married, a complete health and social history review, and a proof being able to provide a safe and loving home for the child
• California adoptions require the birth parents to sign a relinquishment and the child is placed in the home
• For six months, the agency will supervise the placement and then write the court stating whether the California adoption should be finalized or not
If considering California adoptions, parent or a single parent should always consider the economic factors. They should account for expenses associated with taking care of the child, and the fees associated with an independent adoptions or one through an agency. The home study fees can cost $4,500 dollars alone, and with all other associated fees, a California adoption can cost as much as $35,000.
Michigan Adoption
Quick Guide to Michigan Adoptions
Michigan Adoption
The adoption process is quite complex and requires a great deal of time from the adopting party. If a party is thinking about adopting, they are often encouraged to consult with an attorney, Michigan adoption agencies, and any other number of people involved in the process.
Michigan adoptions can occur when a couple or single party (regardless of gender) receives full parental rights with immediate consent from the blood parents, the party goes through an adoption agency, or the party takes in a foster child. There are different steps for different Michigan adoptions, and you should ask your Michigan lawyers what documents and forms you need. Some of these procedures for Michigan adoptions are discussed throughout this article.
Michigan Adoptions Law
There are multiple documents you’ll need to submit and receive while and after filling out a petition. These forms must be filled out before a hearing with the court, and according to Section 710.26 of the Michigan statutes, the following forms are required:
1. a copy of each release or order terminating parental rights except in cases of parental consent to adoption
2. a copy of the order of commitment, if a commitment was made to a child placing agency
3. proof the guardian’s appointment to release or consent to the child’s adoption
4. a report from a social services employee that is pursuant to section 710.46
5. an affidavit stating the nonsupport and non-communication by a parent if the petition requires it.
6. any additional facts considered by the court before the actual hearing
As mentioned above, Section 710.46 states that all Michigan adoptions require a full investigation by an employee of the court, a child placing agency, or the Department of Human Services. The Michigan adoption representative will consider such factors in such an investigation:
• the best interests of the adoptee
• the adoptee’s family background, including any names of the parents
• reasons into why the adoptee is being placed away from his or her parents
After an investigation has been filed with the court, the court will enter into a hearing over the Michigan adoptions and decide if the adopting parents are entitled to permanent or temporary rights. After the child has been placed, most Michigan adoptions require a homestudy several months after a child has been placed.
What is an Adoption Subsidy Program (ASP)?
An ASP helps with the Michigan adoption of a foster child. If the child meets certain qualifications, the state will compensate the adopting parent for most expenses related to the child. Michigan adoptions that receive funding from an ASP involve children who meet the following qualifications:
• the parental rights have been fully terminated
• the child has a special factor or condition such as medical or mental needs, who is eligible for supplemental security income, or is being adopted by relatives or with siblings
• a reasonable effort has been made to place the child with assistance
• for state-funded support, the court must determine there was abuse or neglect in the original home
Georgia Adoption
A Quick Guide to Adoption in Georgia
Georgia Adoption Law
The majority of laws that address Georgia adoptions are located in Title 19, Chapter 8 of the state’s official code. These laws address eligibility factors and many more subjects, and you’ll want to discuss all of these laws with an adoption attorney.
A lawyer is essential in any Georgia adoption, and they can help protect the rights of both the blood parents and the adopting parents. This article will discuss general Georgia law on adoption, as well as steps taken in the adoption of a child.
Laws for Georgia Adoptions
Section 19-8-3 of the state’s official code announces that a person must meet the following qualifications in order to adopt a child:
1. The person is at least 25 years old or is married and living with a spouse
2. The person is at least 10 years older than the child
3. The person has been a bona fide resident of the state of GA for at least six months before filing for an adoption
4. The person is financially, physically, and mentally able and ready for permanent custody of the child
The other sections of this law state that a person meeting the qualifications listed above can apply to the department or human services or a child-placing agency; and if two married people are adopting, they must file a petition with both names according to Georgia adoption law.
Georgia adoptions involving paternity issues, adoptions by relatives, a parent who adopts and then gives up parental rights, and much more are covered by Title 19, Chapter 8 of the official code.
The Georgia Adoption Process for a Child
All of the information within this section is located at the following link under the Georgia Department of Human Services:
Steps for Georgia Adoptions:
1. Contact the DHS- if you are thinking about a Georgia adoption, you should call the DHS at (877) 210-KIDS to answer several basic questions.
2. Orientation- this step involves meeting with the DHS and learning basic information about the process for Georgia adoptions. You’ll see photos of children during this meeting.
3. IMPACT- this step involves the people thinking about Georgia adoptions to attend a program under their county’s Department of Family and Children Services. The preparation program, called IMPACT, requires 20 classroom hours of training. During this time period, the family will also undergo a Family Evaluation that include information about the home, medical records, a criminal background check, financial statement, and more.
4. Pre-Placement- this step for Georgia adoptions involves the parties identifying a child and attending support groups. Picking a child will shorten the delay between the evaluation and next step greatly.
5. Placement- after you have picked a child for the Georgia adoption, the parties will receive detailed information about the child. There will be several visits before the child is placed, and a case manager will usually help the transition during this period.
6. Finalization- after release form the DHS, the adopting party’s attorney will file an adoption petition. The hearing will be held at the Superior Court of your county.
Connecticut Adoption
Valuable Information on Connecticut Adoptions
Connecticut Adoption Laws
All Connecticut law on adoptions can be located under the state’s General Statutes and valuable federal laws and a large amount of resources can be located under the U.S Department of Health and Human Services’ Administration for Child & Families. A link to valuable laws and resources under the ACF is provided
Specific information listed in this article about Connecticut adoptions can be found under the CT Department of Children & Families.
How to apply for a Connecticut Adoption or Foster Care
Anyone thinking about a Connecticut adoption is encouraged to attend an open house in one of the 14 local offices associated with the DCF. The open house provides information about general procedures within Connecticut adoptions, and after the open house, the DCF will conduct an assessment of the adopting party(s) and their home in a home study.
In order to initiate Connecticut adoptions, interested parties can call (888) KID-HERO, and all individuals thinking about adoption or foster care must be at least 21 years old.
What are necessary requirements in any Connecticut Adoption?
Any adoption within the state of CT will require, at minimum, considering factors associated with the following:
• a statement from a medical doctor that each household member is in good health and free from disease
• FBI, state and local background checks and fingerprints to indicate whether a person is awaiting trial for a crime or has been convicted already
• a protective services check to determine if there has been any evidence of abuse or neglect within the home
• reviews from positive references
• full participation in all pre-licensing assessment group sessions
• full cooperation with the home study by all members of the household
There are other “unofficial” requirements for Connecticut adoptions as well. For example, a family doesn’t necessarily need to own a home in order to qualify for a Connecticut adoption, but they must be able to provide separate beds for each foster child and separate rooms for children of opposite sex. The maximum amount of foster children any family can house is currently 6.
Even more factors will affect a family’s chance for Connecticut adoptions. For example, any major life change such as a marriage, divorce, birth of a child, or major change in the family will be considered by the DCF.
Other Important FAQs about Connecticut Adoption
Can single parents and same gender couples adopt?
All adoptions are permitted in CT as long as the party(s) meets all qualifications under the DCF. The DCF gives the same amount of preference to single parents and same gender couples as heterosexual couples.
How long do Connecticut Adoptions Take?
The time for a Connecticut adoption from start to finish varies greatly, but the finalization process after placement usually lasts 6 months to a year. There are a number of delays that can occur in a private adoption or one through an agency.
North Carolina Adoption
Quick Guide to North Carolina Adoptions
Laws on North Carolina adoptions
The majority of laws on North Carolina adoption are located in Chapter 48 of the NC General Statutes. These laws provide general provisions and procedures for the adoption of minors, stepchildren, adults, by a former parent, and more. For a complete listing of law on North Carolina adoptions,
Eligibility Factors
Laws for North Carolina adoption are very relaxed, and almost anyone can adopt in the state if they have a clean criminal history and strong evidence of financial security. According to Statute 48-1-103:
“Any adult may adopt another individual as provided in this Chapter, but spouses may not adopt each other.”
Additionally, Statute 48-1-104 states the following as well:
“Any individual may be adopted as provided in this Chapter.”
Statute 48-3-201 North Carolina law states what entities may place a child for adoption. As other states, the placement of North Carolina adoption is heavily regulated by the state, and accord to 48-3-201, only the following entities can place a child:
1. an agency
2. a guardian
3. both parents acting jointly if both parents are living together or one has legal custody and the other physical custody
4. a parent with legal and physical custody of a minor
The rest of the article will discuss North Carolina adoptions that go through an agency or a parent(s) with custody rights. For more information on the procedure for a Adoption in North Carolina, you’ll want to speak with an adoption attorney before you even begin searching or file a petition.
North Carolina adoptions through an Agency
The majority of the state’s agency adoptions go through the NC Division of Social Services. The state offers the Adoption Exchange program call NC Kids that attempts to place children needing homes with families trying to adopt. Children waiting for a North Carolina adoption through this agency include any of the following who will not return to their birthparent’s home:
1. children with special needs such as physical, mental, and emotional disabilities
2. sibling groups and teenagers
3. minority children, the majority of which are African American males
Private North Carolina adoptions
If a birthmother wants to choose the adopting parents and privately sign the papers, the state allows such an adoption. The North Carolina adoption process for such an adoption does not start until a child is born, and there is no waiting period for the mother to sign the papers.
The consent to the private adoption must be signed in front of notary public or a clerk, but judicial consent is not required in NC. Parental rights are not terminated until the final decree is signed by the court, but a birthmother has 7 days to change her mind after signing the adoption papers to maintain custody of the child. The state of NC also allows a birthmother to maintain contact with the child if the adopting parents agree.
German Court Strengthens Gay Adoption Rights
The Associated Press has reported that Germany’s highest court bolstered gay couples’ adoption rights in a ruling Tuesday; Germany’s justice minister regarded the ruling as a historic step in the nation’s equal rights endeavor.
Germany’s Federal Constitutional Court ruled that a member of a civil partnership should be permitted to adopt the partner’s adopted child or stepchild; before this ruling, prospective parents in a civil union could only adopt a partner’s biological child.
Germany has permitted same-sec couples to register civil partnerships—a union that legally falls short of a formal marriage—since 2001. Dissimilar to many other European nations, including the Netherlands, Spain and most recently, Great Britain and France, Germany has failed to move toward offering full gay marriage.
The high court ruled on a challenge to the existing regulations from a woman who was prohibited permission to adopt a Bulgarian child whom her partner had adopted. The high court requested that the government construct new legislation by June of 2014.
The German court ruled that the constitutional provision claiming “marriage and the family shall enjoy the protection of the state,” cannot be applied to justify banning same-sex partners from adopting the other partner’s adopted child.
Presiding judge Ferdinand Kirchhof claimed, “in marriage as in a civil partnership, the act of adoption provides the child in the same manner with material advantages in terms of support, care and inheritance law.”
Though the judgment means that same-sex couples can adopt the same child on an individual basis, gay couples are still not permitted to adopt children together as a couple.
In a separate legal matter, the court is considering whether gay partnerships should be granted the same tax breaks as given to married couples; it is currently unclear as to when a decision will be made on this issue.
In response to the court’s ruling, Justice Minister Sabine Leutheusser-Schnarrenberger claimed, “Today’s decision marks a historic movement to put homosexual families in Germany on a secure legal footing. Full adoption is the next step.”
The Justice Minister is a member of the Free Democrats—the socially liberal partner in Chancellor Merkel’s coalition. That said several members of Merkel’s conservative Union bloc are more skeptical with regards to gay marriage and adoption.
In a separate court decision on Tuesday, the European Court of Human Rights ruled against Austria’s decision deny a homosexual woman the right to adopt her partner’s son. Under Australian law, granting the woman the right to adopt the boy would have terminated his mother’s parental rights. Tuesday’s ruling acknowledged that European law concerning same-sex couple adoptions is in flux, but affirmed that Austria had discriminated against the lesbian couple.