The act of adopting a child establishes
a legal parent-child relationship between a child
and the adult or adults who are not the birth parents.
The adoptive parent or parents and child acquire the
same relationship and the same rights and responsibilities
as the birth parent-child relationship. A successful
adoption is probably one of the happiest of all legal
proceedings. There can be complications and pitfalls,
however, and because of this, anyone thinking about
adoption should be fully aware of any problems that
may be encountered along the way.
Basic adoption policy is that the
first concern is always for the natural parents and
then the best interest of the child. The interests
of anyone else connected with the case are secondary.
Who may adopt a child?
With very few exceptions, any couple
married and living together or any unmarried adult
may adopt a child. A homosexual person may not adopt
in Florida. If you are petitioning to adopt a child,
the court will need to know the kind of person you
are, your mental and physical health, your background,
and your ability to provide a child with a good home,
both emotionally and financially.
There are four types of adoption.
First, the agency adoption; second, the independent
adoption; third, the step-parent adoption; and fourth,
the adult adoption. Each different method of adoption
has its own particular procedure, but certain procedures
are alike.
Generally, a petition for adoption
must be filed first. Consents must be obtained from
the birth parent or parents unless abandonment of
the child by the parent or parents can be proven,
or if an agency is involved, the consent from that
agency. After the petition is filed,a period follows
during which the child lives with the adoptive parent
or parents, and a representative of a court authorized
agency visits to assure the child's needs are being
met. When the child's new home situation is found
to be satisfactory, a court hearing is held in private
in which the qualifications of the adoptive parent
or parents are reviewed by the court, and if satisfactory,
a permanent decree of adoption is granted.
In the case of an agency ad option,
a petition for adoption is filed only after the probationary
period is satisfactorily completed. An important decision
for most people who want to adopt a child is whether
to go through an agency or whether to arrange an independent
adoption. There are important points to consider before
deciding.
Adoption agencies are responsible
to find the best possible home for each child entrusted
to their care. The agencies obtain as much information
as possible about the birth parents and the physical
condition of the child. Often there is a long waiting
period for a problem-free infant. Independent adoptions
may cause difficulty for the adoptive parent or parents
if the birth parent or parents change their mind about
the adoption after the child is born. In cases where
the child has been placed and consents signed, and
then there is a demand for the return of the child,
the court must decide if the consent has been legally
obtained and if waivers were knowingly executed.
Step-parent adoption is very common.
A husband or wife may want to legally ensure the relationship
that already exists with a child from the spouse's
previous marriage. This gives the step-child the same
name and same rights as other members of the immediate
family. Often a step-parent has lived with the child
for a number of years, feels a closeness to and a
responsibility for the child, and wants to make the
relationship legal and permanent. Adoption may seem
a mere formality, but it is necessary if the step-parent
wants the step-child to have all the same rights his
or her birth child would have.
In step-parent adoptions, as with
all other adoptions, if the child is twelve years
of age or older, he or she must give his/her consent
to the adoption. The divorced birth parent of the
child must also give consent, and care must be taken
to find that parent if he or she has not been in the
child's life for some years.
In the case of adult adoptions, which
are rare, any adult may adopt any other adult. The
legal procedure is similar to that involved in other
types of adoptions, but is much simpler. Because of
the complicated procedures involved in adoption, it
is very important to consult an attorney if you are
contemplating any kind of adoption.
Michael R. Barnes
practices law in Key West, Florida. His comments are
provided as a pro bono community service and are not
offered as legal advice for a particular set of circumstances.
The law is continually changing. If you are concerned
that you may need a lawyer, you are encouraged to
contact one about your legal rights and responsibilities
and follow his or her advice for your individual situation.
