What is Adoption?

Adoption is more than just welcoming home a child of non-blood relation. Adoption is a legal contract that binds the adoptive parents as the responsible parties for the child, providing them with legal guardianship as well as the accountability for the child’s upbringing. In most cases, the adoption isn’t complete until legal proceedings take place in a court of law before a judge.

What Rights are Covered in the Contract of Adoption?

For the adoptive parents, a legal adoption ensures that no other person can claim their child or have authority over their child without their permission. For the adopted child, a legal adoption ensures equal status as a family member with all of the emotional and legal rights and social status that is implied. The child and parent are now legally bound as if that child had been born into the family biologically.

What Must Occur Before Adoption Can Take Place?

Before adoption proceedings can take place, it must be ascertained that the biological parents understand their rights and the implications of the adoption and relinquish their role as legal parent voluntarily. In other cases, the court terminates the rights of the biological parents, voluntary or not.

When Does the Transfer of Parental Rights Take Place?

It varies according to state law and the particular situation of the parties involved. In most cases, both the act of severing the rights of the biological parents and granting those rights to the adoptive parents take place during the adoption finalization proceedings.

What Happens at the Adoption Finalization Hearing?

The bulk of the proceedings is devoted to the judge reviewing the information about the child’s current situation, past situation that resulted in an occasion for adoption, and the current situation of both the biological and adoptive parents. For example, the home study evaluation undergone by the adoptive parents may be reviewed. The findings of social workers, psychologists and attorneys are all evaluated if applicable to the situation.

The judge may then question whom he likes—including the child to be adopted. Once everyone has had a chance to speak, the judge will make his decision, yea or nay, on the adoption permission. If it is approved, everyone signs the legal paperwork to solidify the agreement including the Adoption Decree and the court orders the new birth certificate that will reflect the changes including the adoptive parents’ names in place of the biological parents’ and the child’s name change.

Who Must Appear at the Finalization Hearing?

A judge must be present in the court room to make the adoption legal. Other than that, it is expected that the adopting parents and the child to be adopted. Case workers, social workers, attorneys and/or legal advocates for all parties including the child should attend if possible.