What is Adoption?

Adoption is a legal process that creates a parent-child relationship between people who are not parent and child by birth. Once a child is adopted, that child has the same legal rights as a child born to the family and the adoptive parent has the same legal duties as a birthparent to care for and raise the child. The relationship changes from grandparent/grandchild or aunt/niece to parent/child.

1. The adoption petition is filed with the clerk of court in the county in which you live. 

2. Although not legally required, adoption is a complex legal action and you will likely need to hire an attorney, especially if the adoption is contested or if you are not able to get the signature of both parents. Most legal aid or law school clinics do not provide adoption services, although you should ask if you meet the financial requirements for legal aid.  

3. Both single individuals and married couples can adopt. If a couple is married, both spouses must agree to the adoption unless it is waived for cause. Typical examples of “cause” include, you are in the process of a divorce, your spouse is not biologically related to the child (e.g. step grandfather). 

4. If the child is aged 12 or older, they much consent to the adoption.

5. Generally, a homestudy, which involves interviews, a home visit, and background checks, is required to adopt but may not be required for you if you are a grandparent, aunt, uncle, or sibling.

Even if a full homestudy is not required, the court will usually require a post-adoption report. The Department of Social Services in your county can prepare this report and usually do so on a sliding fee scale or for no cost, but due to staffing limitations, it may take time. If you need to speed it up, you will need to use a private agency. The court can waive the post-adoption report if the child has been with a grandparent for more than 2 consecutive years.

6. Birth parents must consent and if they do not consent, their parental rights must be terminated by the court. If both parents or one parent do not give consent, it can be costly to pursue an adoption. If one or both parents are not able to be located, consult with an attorney on how to proceed. If the child is in foster care, the state handles the cost of terminating parental rights. 

7. If the child is (or you think they may be) a Native American, the Indian Child Welfare Act may apply. If you have any information that the child is or may be eligible for membership in a tribe, you should immediately notify your attorney because different rules may apply.

What is Adoption?

Adoption is the method provided by law to establish the legal relationship of parent and child between persons who are not related by birth, with the same mutual rights and obligations that exist between children and their birth parent. The primary purpose of adoption is to help children whose parents are incapable of assuming or continuing parental responsibilities to legally become part of a new permanent family. Before a child can be adopted, they must be “legally free.” This can happen when both parents voluntarily give up their parental rights or when social services submits a request to the judge to Terminate Parental Rights in court, which is commonly called “TPR.” Termination of a parent’s rights means that the parent permanently loses their right to make decisions for the child as well as their ability to change or regain custody. It may be possible for the child’s parents to do a Designated Relinquishment, where they agree to relinquish  parental rights only if grandparents or other kin adopt.  

You can learn more by reviewing the child welfare policy manual section on adoption.

Cost of Adoption

It usually does not cost anything for kinship caregiver to adopt once a child is in foster care. The Department of Social Services does not provide an attorney to represent the kinship caregiver in the adoption proceedings, but the DSS attorney will process the termination of parental rights and usually file for the child to be adopted by their kin. Or the DSS attorney will get the paperwork together and give it to the kinship caregiver to file with the court on their own. Kinship caretakers who adopt a child from foster care are eligible for adoption assistance and the federal Adoption Tax Credit, which can be used to offset any cost they might incur in the adoption.