According to general adoption laws, the term “adoption” can be defined as a legal process in which a court establishes the rights and obligations between a child and adoptive parent in accordance with state adoption laws. Adoption also creates a parent-child relationship between persons who are not biologically related. There are some exceptions, however, such as if a blood relative like a grandparent decides to legally adopt a child as their own. In most cases, an adoption occurs because a person or couple may want to have a child, but for whatever reason (e.g., medical condition etc.), they are not able to and thus will decide to adopt a non-biological child instead. Adoptions are extremely beneficial for both the person and persons looking to adopt a child as well as for the child who is adopted. Under the law, the adopted child and parent are legally recognized as family. What Is the Effect of an Adoption?As discussed above, an adoption establishes a parent-child relationship between the adopting parent and the child who is adopted. This means it is as if the adoptive parent is the child’s biological parent. Thus, once an adoption is approved, the adopting parent will gain all of the legal and physical parental rights that are granted to biological parents under the law. Conversely, the same will be true, meaning that the child will gain all of the privileges, rights, and legal obligations that a child or heir would have in a biological relationship. For example, the adopted child would obtain inheritance rights under the law. Additionally, an adoption also means that the biological parents will give up their rights over the child. For instance, a biological parent who gives their child up for adoption will not be allowed to instruct the adopting parent on how to raise their child. The adoption process terminates those rights and transfers them to the adopting persons. Who Is Allowed to Adopt?Anyone who meets their state’s minimum adoption requirements will be allowed to adopt a child in that state. For instance, it does not matter if the person is single or married, or already has children or not; it only matters that they can satisfy the legal requirements. Such requirements and laws will vary by state. Some other basic requirements for adoption include that the person or persons adopting: What Facts about the Adoptive Parent(s) Are Considered?An adoptive parent is generally defined as the individual who provides a permanent home for a child who is not biologically related to them (in most cases) and is granted both the legal and physical parental rights over that child. In other words, an adoptive parent essentially has all of the legal obligations and rights that a biological parent would have over a child under the law. This is why it is so important to subject a person to a background check and court evaluation before they can be granted approval to adopt a child. The facts that a court, agency, and/or other interested parties may review will change in accordance with individual state laws. However, the items that are typically considered before a person can adopt a child include the following: What Kinds of Adoptions Are There?Under the rules on adoption, there are various types of adoptions that a person can petition for, such as: In certain states, there may be overlapping requirements between some of the adoptions mentioned in the above list. In other states, the adoption term or procedure may not even be recognized or allowed by law. What Are the Steps to Adoption?As previously mentioned, the laws and requirements for an adoption will typically vary by state. In some instances, they may even vary on a case-by-case basis, depending on the circumstances surrounding a particular adoption. Thus, the following steps only provide a general overview of what a person’s adoption process might entail, such as: Again, remember to keep in mind that this process can change from state to state. It may even depend on what type of agency or organization that the person is adopting a child from (e.g., orphanage, private agency, etc.). It should also be noted that if the child is being adopted through an international organization, then the prospective adoptive parent may need to satisfy additional requirements. Is Court Approval Required for an Adoption?In general, a person who intends to adopt a child typically must get approval from a court (usually a family law court). This step in the adoption process will require the person to appear in court and to attend a legal proceeding known as an “adoption hearing.” The adoption hearing is where a court will decide whether or not to grant approval for the pending adoption. If approved, this will be the final step in the overall adoption process. Again, while the laws and requirements of the adoption process will often vary by state, there are several overlapping factors that a court may use to make the decision. These include whether the adopting parent will be able to support the child financially. The most important factor that the court uses to make its decision will depend on the child’s best interest standard. On the other hand, if the court denies the adoption, the adopting parent will have to appeal the decision and prove why they deserve to have the adoption approved. In some cases, an adopting parent may only need to show that the prior circumstances which affected the court’s initial decision are no longer an issue. Do I Need a Lawyer for Help with the Adoption Process?The process to adopt a child can sometimes be long and difficult. This is especially true when there are issues with either the background of the adopting parent, the facts surrounding an adoption, or with the laws of a particular state. All of these problems can make the adoption process that much harder for a person. Therefore, if you plan on adopting a child in the near future, you should speak to a local adoption lawyer for further legal advice. There are many benefits to working with a lawyer for adoption cases. For instance, an experienced adoption lawyer can guide you through the entire adoption process. This includes helping you to fill out the proper forms and determining which type of adoption may be the best fit for you and your family. Your lawyer can also inform you of your rights and legal obligations as an adoptive parent under the laws governing adoption in your state. In addition, if any issues or disputes should arise during the adoption process, your lawyer will be able to provide legal representation on the matter in court. Adoption LawyerAn adoption lawyer, also known as an adoption law attorney, is licensed court officers and legal counselors who handle adoption law matters. They generally help protect parental rights but could also represent mothers relinquishing theirs. They may also practice family law and trust law in conjunction with their adoption practice. An adoption lawyer must also possess a strong command of federal adoption law and know international adoption laws, family trusts, and privacy laws. What Does An Adoption Lawyer Do?An adoption lawyer is someone that will help you through the entire legal process of infant or child adoption. They will help you find the right adoption agency or independent adoptee while protecting your rights through the process. Here is what an adoption lawyer does: Due to adoption system complexities, parents may feel reassurance when hiring an adoption lawyer. Long waiting periods can make the process feel unfair to expectant parents. Hiring an adoption lawyer ensures that you are taking every proactive step to bring your child home. An adoption lawyer can help you if you are trying to gain legal guardianship of a child that isn’t biologically yours. A lawyer can help you find an agency to adopt from if you need one, can file any necessary paperwork, and can represent you in court if necessary. How Much Does an Adoption Lawyer Cost?Many adoption attorneys have flat fee services for simple issues like document drafting, review, and filing. For more complex issues like talking to an adoptions agency or going to court, most lawyers charge an hourly rate. Rates will vary depending on the complexity of your issue and where in the country you live, so negotiate a rate up front with your attorney to avoid costly surprises. You should expect to end the process with a child who is a legal member of your family. The entire adoption can take up to 5 years including waiting periods, but it’ll take less time depending on your case. If there are any legal complications or you don’t pass some of the qualifying examinations, the process could take longer. An adoption attorney can guide you through this and potentially expedite the process by knowing who to talk to and what paperwork to file. Advantages of Adoption Law Firms: Disadvantages of Adoption Law Firms: These are issues like: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Do I Need An Attorney To Adopt A Child? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Do I Have To Pay Child Support If I Have No Visitation Rights? Do I Need A Lawyer For My family law Issue Do I Need A Lawyer If I Am A Parent Dealing With Child Custody? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/do-i-need-an-attorney-to-adopt-a-child/
0 Comments
Leave a Reply. |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |