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North Carolina Adoption

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

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.

South Dakota Adoption

South Dakota Adoption

 
 
Frequently Asked Questions about South Dakota Adoption
 
 
What is South Dakota adoption?
 
 
The South Dakota adoption court may order a child to placed in the legal custody of an adult who is not their parent in the event of some domestic emergency which has made it impossible for their previous guardians to look after them. Most children are adopted from the custody of the Division of Child Protection services, which looks after children who cannot be raised by their birth parents.
 
 
The whole purpose of South Dakota adoption is to make sure children are given loving homes on a permanent basis. Of course, there are a whole multitude of reasons that will make it difficult for a child to be adopted, from their age as an older child or teen, to a mental or physical disability, to being part of a sibling group that should not be divided. If you believe that you have something you can contribute to these children’s lives, you should hire a lawyer to make sure that your South Dakota adoption becomes a success.
 
 
Can I get financial assistance for an adoption?
 
 
Yes, if the child that you believe qualifies for South Dakota adoption has special needs, then you might be eligible for financial assistance which can help you to pay for their care. For instance, some children will qualify for medical assistance from the South Dakota adoption services. The child will need to be under eighteen and must be eligible for Medial Assistance through Medicaid. 
 
 
The second method is the South Dakota Adoption Subsidy Program, which is intended to make these children seem more competitive candidates for adoption. You might qualify for an adoption  subsidy if the child you plan to adopt belongs to a race, age or religious group which makes them less s likely to be adopted, if they have a physical or mental handicap, if they are part of a sibling group that must be placed together, or if they need physical or mental rehabilitation.
 
 
How much does a South Dakota adoption cost?
 
 
There is no telling how much it will cost you to get your South Dakota adoption made official. First recognize that you have the option of self-filing, or filing pro se in Latin. This way you won’t have to pay legal fees, but keep in mind that most legal experts advise you to hire a South Dakota adoption lawyer to help you with your plans.
 
 
The first benefit of a South Dakota adoption lawyer is that they know all the proper avenues for getting carefully crafted adoption orders. If you want to see your forms perfectly filled out, simply hire a South Dakota adoption lawyer. Plus, they can help to catch all of the mistakes you might make which will allow you to avoid a large fine or other punishment.
 
 
A South Dakota adoption lawyer will charge around $3,000 to help you to litigate an adoption.
 
 

Nebraska Adoption

Nebraska Adoption

Quick Guide to Nebraska Adoptions

Nebraska Adoptions

There are generally three ways a Nebraska adoption usually occurs: privately, through the Department of Health and Human Services (DHHS), or through a national program.  Each type of Nebraska adoption is discussed within this article.  

If you are thinking about a NE adoption, you are usually advised to hire a Nebraska adoption attorney (especially if you are seeking a private adoption).  The Nebraska adoption process is highly complex, and although some adoptions remain simple, it’s still a good idea to hire an attorney.  

Laws for New Nebraska Adoptions

Most laws for NE adoption are located in Chapter 43 of the state’s revised statutes.  Additionally, the DHHS provides valuable information about requirements for NE adoption. 

Each adopting parent and anyone in the house 18 years or older must go through a number of background checks before they can qualify for a NE adoption.  The background checks for Nebraska adoptions include a federal background check, Central Register child abuse and vulnerable adult abuse, Register of State and National Criminal History, and Sex Offender Register.  

Additionally, the adopting parents must usually complete an application and self-study for Nebraska adoptions.  The study asks many of the same questions that will be asked during a home study, and home studies are required for any type of Nebraska adoption.

Children are usually placed by the court, the DHHS, or a private NE adoption agency, but in some cases, a private adoption may occur.  Different kinds of Nebraska adoptions are discussed in the following section. 

Different Types of Nebraska Adoptions

As mentioned above, a Nebraska adoption can occur privately, through the DHHS or private agency, or through a federal or international program.  Each type of New NE adoption is discussed below: 

Private Adoption

Private Nebraska adoptions between birthmothers and the adopting parents require the assistance of a family Nebraska lawyers, and this type of adoption is still common within the state.  A private Nebraska adoption can become complicated if a birthmother hands over her parental rights but then decides to keep the child.

In any case, a private NE adoption will still need the approval of the court after investigation from a social service professional.  If couples are thinking of a private adoption, they need to consult with a Nebraska adoption attorney before anything.  

Adoptions through the DHHS

If you want to petition for a NE adoption through the DHHS, you will normally help children who can no longer report back to their homes because of neglect, abuse, or other serious problems.  Some of the services offered by the DHHS are for foster children, but a NE adoption is an option in many cases.  

Federal Program

One of the most successful federal programs for foster children is the AdoptUSKids found at the following link: 

In order to adopt through this program, you’ll have to fill out an application and complete pre-service training.  You’ll find more information on these requirements in the link above.   

West Virginia Adoption

West Virginia Adoption

Helpful Information on WV Adoption

West Virginia Adoptions

There are generally three ways a West Virginia adoption usually occurs: privately, through the WV Department of Health and Human Resources, or through a national program.  Each type of West Virginia adoption is discussed within this article.  

If you are thinking about a West Virginia adoption, you are advised and sometimes required to hire an WV adoption attorney (especially if you are seeking a private adoption).  West Virginia adoptions are sometimes stressful and complex, and although some adoptions remain simple, it’s still a good idea to hire an attorney.  

Laws for West Virginia Adoptions

Most laws for a WV adoption are located in §48-22 through §48-23 of the state’s revised code.  §48-22-301 provides the general eligibility factors for a WV adoption.  The code states “Any person not married or any person, with his or her spouse’s consent, or any husband and wife jointly, may petition at a circuit court of the county” for a West Virginia adoption.

So, according to §48-22-301, no preference is given to race, religion, income (in some cases), sexual orientation, gender, or relationship status in West Virginia adoptions.  The state is always anxious to have qualified individuals apply for West Virginia adoptions, and several different types of WV adoption are explained below.

Different Types of WV Adoption

Children are usually placed by the court or an agency in a WV adoption, but in some cases, a private adoption may occur.  If West Virginia adoptions go through the state, a private agency of the DHHS will assist with future parent(s) choosing a child, and all three types of WV adoption are further explained below:

Private Adoption

Private West Virginia adoptions between birthmothers and the adopting parents require the assistance of family West Virginia lawyers, and this type of adoption is still common within the state.  A private West Virginia adoption can become complicated if a birthmother hands over her parental rights but then decides to keep the child.

In any case, a private WV adoption will still need the approval of the court after investigation from a social service professional.  If couples are thinking of a private adoption, they need to consult with an adoption attorney before anything.  

Adoptions through the DHHS

If you want to petition for a West Virginia adoption through the DHHS, you’ll usually adopt a child who needs counseling and other services because of experiences they had in a former home or environment.  Some of the services offered by the DHHS are for foster children, but a West Virginia adoption is an option in many cases. 

Federal Program

One of the most successful federal programs for foster children is the AdoptUSKids found at the following link. 

In order to adopt through this program, you’ll have to fill out an application and complete pre-service training.  You’ll find more information on these requirements in the link above.   

Regardless of the type of WV adoption, a future parent will have to complete pre-service training, undergo multiple home studies, and show evidence of being able to provide a safe and structured home for a future child.  If you have any questions about West Virginia adoptions, you can find more information on this website, click on any of the links provided above, or ask a West Virginia adoption attorney.  

 

New Mexico Adoption

New Mexico Adoption

Quick Guide to New Mexico Adoptions 

New Mexico Adoptions

There are generally three ways a New Mexico adoption usually occurs: privately, through the Children, Youth, and Families Department (CYFD), or through a national program.  Each type of New Mexico adoption is discussed within this article.  

If you are thinking about New Mexico adoptions, you are usually advised to hire an NM adoption attorney (especially if you are seeking a private adoption).  The NM adoption process is highly complex, and although some adoptions remain simple, it’s still a good idea to hire an attorney.  

Laws for New Mexico Adoption

New Mexico law adoption is located in Chapter 32A of the state’s revised statutes.  Additionally, the state bar provides valuable information about qualifications for a New Mexico adoption. 

An adopting parent or parents must usually be 25 years old and at least 10 years older than the child in New Mexico adoptions.  Additionally, the state bar provides the following requirements of the biological parents for any New Mexico adoption: 

• the parents must consent to the NM adoption after counseling, and with the judge’s or with the approval of the head of an agency

• the parents must relinquish their rights to the CYFD voluntarily or because of abuse or neglect in the former household

• the court must give consent if a parent has left a child

Children are usually placed by the court or an agency in a New Mexico adoption, but in some cases, a private NM adoption may occur.  Different kinds of New Mexico adoptions are discussed in the following section. 

Different Types of New Mexico Adoptions

As mentioned above, a New Mexico adoption can occur privately, through the CYFD, or through a federal program for foster children.  Each type of New Mexico adoption is discussed below: 

Private NM Adoption

Private New Mexico adoptions between birthmothers and the adopting parents require the assistance of a family law attorney, and this type of adoption is still common within the state.  A private NM adoption can become complicated if a birthmother hands over her parental rights but then decides to keep the child.

In any case, a private New Mexico adoption will still need the approval of the court after investigation from a social service professional.  If couples are thinking of a private adoption, they need to consult with an adoption attorney before anything.  

New Mexico Adoptions through the CYFD

If you want to petition for a New Mexico adoption through the CYFD, you’ll usually adopt a child who needs counseling and other services because of experiences they had in an abusive or neglectful home.  Some of the services offered by the CYFD are for foster children, but a NM adoption is an option in many cases.  For more information

Federal Program

One of the most successful federal programs for foster children is the AdoptUSKids found at the following link: 

In order to adopt through this program, you’ll have to fill out an application and complete pre-service training.  You’ll find more information on these requirements in the link above.   

Iowa Adoption

Iowa Adoption

 
 
Quick Steps to Iowa Adoptions 
 
 
Iowa Adoptions
 
 
There are three ways Iowa adoptions usually occur: privately, through a state agency, or through a national program.  Each type of Iowa adoption is discussed within this article.  
 
 
If you are thinking about an Iowa adoption, you are usually advised to hire an adoption attorney (even if you are going through an agency in some cases).  The IA adoption process is highly complex, and although some Iowa adoptions remain simple, it’s still a good idea to hire an attorney.  
 
 
Am I eligible to petition for IA Adoption? 
 
 
Iowa is very lenient on their adoption standards compared to some states, and as long as a prospective parent has a clean criminal record, clean bill of health, and a strong financial history, the state will usually allow the IA adoption to occur.  Chapter 600 of the Iowa Code discusses adoptions in the state, and Section 600.4 specifically discusses qualifications for an Iowa adoption.
 
 
All of the persons listed below may apply for Iowa adoptions: 
 
 
• an unmarried adult
 
 
• husband and wife together
 
 
• either the husband or wife if the spouse is not adopting the other spouse
 
 
• the adopting parent is the stepparent of the person being adopted
 
 
• the spouse has been separated because of abandonment described section 597.10 of Iowa Code
 
 
• either spouse cannot contact their spouse because of  extended unavailability, or incapacity of the other spouse
 
 
Different Types of Iowa Adoptions
 
 
As mentioned above, an Iowa adoption can occur privately, through a state agency, or through a federal program for foster children.  Each type of Iowa adoption is explained below with helpful links: 
 
 
Private Adoption
 
 
A private IA adoption between a birthmother and the adopting parent is not specifically addressed within the state code, but this type of adoption is still common within the state.  A private IA adoption can become complicated if a birthmother hands over her parental rights but then decides to keep the child within 96 hours.  
 
 
Parental release of the child to the adopting parents cannot occur until 72 hours after the birth, so the birth mother may have a limited window to make a decision.  For more information on a private Iowa adoption.
 
 
State Agencies
 
 
If you want to petition for Iowa adoptions through a state agency, you’ll have to find your local Department of Human Services (DHS).  The DHS provides a map to help you find your local office.  Visit the link provided for the map: 
 
 
Federal Program
 
 
One of the most successful federal programs for foster children is the AdoptUSKids found. 
 
 
In order to petition for an IA adoption through this program you’ll need pre-service training.  You’ll find more information on these requirements in the link above.   
 
 

Vermont Adoption

Vermont Adoption

A brief guide to Vermont adoptions

Whether as a single person or with a partner or spouse, you may be contemplating adopting a minor child. There are four different kinds of Vermont adoption which you may consider:

• Interagency VT adoption occurs when someone whose parents have relinquished custody is placed in a home with new parents. Agencies generally retain Vermont lawyers to manage these types of Vermont adoptions. You will probably need to pay for this expense as well.

• Private Vermont adoptions are one of the most complicated and expensive types to undertake. This type of VT adoption will require you to come to a private agreement with a birth parent. The expenses involved in this kind of Vermont adoption may require you to pay for all hospital facilities and medical expenses involved in giving birth. A lawyer's help will be essential to ensure any VT adoption contract which is drawn up is clearly understood by both parties. 

• Public Vermont adoptions involve children who have been placed in the custody of Child Protective Services. These types of adoptions will be conducted by officials presenting the state.

• International adoptions are the most complicated procedure. You will need to ensure that you are in compliance with all aspects of Vermont adoption law, as well as the rules of the country from which you are adopting a child. A lawyer will be a nearly unavoidable expense in this kind of VT adoption.

Regardless of the form of Vermont adoption you are considering, you will not be able to proceed until you have successfully completed the "home study" process. This is a three to six month evaluation of your fitness to take custody of a minor child. This phase of the Vermont adoptions process includes many different components to create a report assessing your application. Your mandatory expenses during this phase of a VT adoption will be limited to the cost of providing copies of your financial and medical records. These documents will help establish that you are fiscally, mentally and physically capable of fulfilling the responsibilities involved in a Vermont adoption.

During this VT adoption process, you will be interviewed extensively regarding your upbringing and expectations. You are not allowed to proceed with any Vermont adoptions until this process has been completed. Keep in mind that a lawyer's expenses will often add to the heavy cost of raising a child. An attorney can help you better prepare for the home study phase of the Vermont adoption process, including assembling all the documentation which you will need to submit for review.

In some cases, you may be eligible for financial aid in the form of tax credits. Some children are considered "special needs" cases. Vermont adoptions of children who are African-American, over the age of 8, or who require special medical care may fall under this category and entitle you to financial assistance. Do not undertake this process until you have created a realistic budget detailing how much you can afford to realistically spend on the upbringing of a child.

 

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