If you are planning to adopt a child, you have taken the right step to build your family and give a child reasons to be loved and nurtured. But to have a successful adoption, there are adoption laws to get yourself acquainted with.
As you research adoption and its process, you will come across many of these adoption laws/ family laws. you must get yourself acquainted with all these laws, so you don’t get confused along the way.
In this post, you will not only know what these adoption laws are, but you’ll find out how to adopt any child of your dream legally.
Let’s dive in
Adoption happens immediately after someone becomes a legal parent of a baby, who originally is not his/her biological child. The adopting parents automatically accept to have full custody of the child and also become fully responsible for the child’s support, and other obligations.
Immediately after the adoption is finalized, the child’s biological parents’ parental rights will be terminated. Those Laws that made the child’s biological parents lose their parental rights and more are what is termed the adoption laws, We will be looking at some of them closely in this post.
Law That Are Related To Adoption.
Adoption laws are the laws and policies made to protect the children’s best interests in particular as well as the families that are also involved in it.
All adoptions are predominantly governed by state laws in the United States and the laws are not the same in each state. Every state Has its set of regulations when it comes to either international adoption, interracial adoption, or domestic adoption.
These sets of regulations are used to determine
- How to start and conclude adoption home study.
- Inter jurisdictional or interstate placement procedures and requirements.
- All the rights and privileges of the unmarried biological father should the child’s mother decides to place their child for adoption.
- The proper time for the birth mother to consent to adoption as well as the time to revoke it.
- Who will arrange an adoption ( A facilitator, consultant, attorney, or agency?
- Eligibility requirements for domestic adoption, international adoption, or interracial adoption.
- The agreements for the post-adoption contracts which is enforceable for the infant domestic adoption.
Also, in addition to the state laws are the federal registration coupled with the global treaty which has made adoption attractive these days.
The Federal Adoption Laws.
The Federal Laws of adoption create a complete standard through which the state laws must follow. The new Federal legislation compels the States to create their laws.
When it comes to Inter country adoption, the international treaty requirements control adoption, because The United States is part of The Hague Convention on Protection of Children and Co-Operation as regards inter-country adoption.
The reason for the international treaty is to provide a safe ground for all those involved in its adoption, as well as the countries that belong to the Hague Convention.
The Inter Country Adoption Laws.
What is Hague Convention ( Hague Convention On The Protection Of Children And Co-Operation In Respects To Inter-Country Adoption) is a multilateral treaty endorsed by the United States in the 4th month of2008.
This is an international agreement meant to safeguard international adoptions. It was concluded in Hague, Netherland, and the convention enacted international standards of going through adoption.
Individual countries, with other countries that are not members of the Hague conference formations, give all the countries power to be part of the treaty.
The convention provided common international legal procedures which safeguard the adopted child’s interest, the birth mother, and the adopting family involved in the adoption.
Adopting a baby from any convention country is almost the same as adopting one from a country that is not in the convention. The only little difference is that there is great Protection for those who wish to adopt from conventional countries.
Domestic Adoption Laws
The state status governs all the information received by the adopting family concerning the birth family and the child.
The child welfare information Gateway’s 2020 resource described state laws concerning all the information the adopting family is provided regarding the adopted child’s background: these may include the information relating to the child’s medical as well as genetic history, mental health history, and other general histories of the child’s birth family.
The information may include the history of abuse, placement history, neglect history, and the exception for the relative’s adoption and stepparents may also be discussed.
Pulative Father’s Registry Adoption Laws.
Pulative Father’s Registry is also known as paternal claims registrar’s or paternal registries, and it is a law that gives the extent which an uninvolved biological father or unmarried father can influence the birth mother’s plan to place her child for adoption.
Normally, these statutes create an interval in which the purpose pulative father must register with the State agency to have the right to notice of action to terminate the child’s parental rights or not to consent to the child’s placement.
Some of this status gives the pulative father the right to demonstrate that he is the child’s father and that he is also committed to the child and birth mother’s interests.
Safe Haven Adoption Laws.
Safe Haven adoption statutes give the birth mom the right to give up the power for their newborn confidentially and legally with an authorized caregiver in a given location.
The reason is to reduce the amount of trauma and death through unsafe abandonment. Safe Haven helps to provide the birth mother a clear escape from all her crises, to protect the child from harm.
Once the child is legally relinquished, he/she is immediately placed for adoption. Safe Haven laws also regulate the age of the newborn and designate the nature of the protection afforded the birth mother.
Interstate Compact On Placement Of Children (ICPC).
This is a stationary agreement by the district of Columbia, all its 50 States, and the US. Virgin Island. This agreement governs how a child will be placed from one state to another; it also states the requirements that must be in place before placing a child outside the state.
Inter-State Compact On Placement ensures that the entity or individual placing the child is finally and legally responsible for the child’s placement.
Adoption And State Family Acts (ASFA)
Adoption and state family Act is a Federal law enacted in 1997, which places a requirement and timeframe on states to get children out of foster care homes into adoption and promptly.
Here’s what I mean:
- To ensure that states file their termination for the child’s parental rights immediately it is up to 15 months out of the given 22months, except in certain circumstances and when also allowed.
- It also encourages the States to quicken up termination of the parental rights when there is severe harm to the child or children.
- Give preference when planning to place an adult relative over a nonrelated caregiver even after the related caregiver has passed the States child’s Protection standards.
- Allow for timely planning to facilitate the family reunification and also explore other permanency options.
- Mandate the States to carefully find adoptive parents or other relevant placement among the willing and able relatives.
Indian Child Welfare Acts (ICWA)
ICWA is one of the adoption laws which is affiliated with the Federal legislation, and it stipulated that the Native American child can either be adopted or not.
ICWA prevents every tribal involvement when adopting a child with Native American heritage. The legislation was passed in 1978, to help reduce tribal sovereignty during parental rights termination and adoption; by requiring the tribe to provide notices that show they qualified for the tribal membership.
If the child is eligible and is a member, and the tribe still wants to intervene, the act will make them consent to adoption.
Multi Ethnic Placement Acts.
Multi Ethnic Placement act as the name implies is also one of the Federal laws that stops any federally assisted adoption agency from try to deny anybody the opportunity to become a foster parent, or adoptive parent, because of tribe or race, color or origin of the child or the adopting parents.
Make sure you read and understand this post, so you will know what all the adoption laws are. I have explained most of then for you here. Just read and enjoy yourself.