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Adoption

Michigan Adoption

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

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

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

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.