Adoptions

Common Adoption Questions

What is Adoption?

Adoption is a process which ends the parental rights of the parents and makes the adoptive parent the legal parent. An adoptive parent will receive a court order and the child’s new birth certificate, naming the adoptive parent as the parent.

What is a Private Placement Adoption?

There are several types of adoptions. One kind is where the child is taken from the parents by a state agency. The child is put into foster care. A foster care agency is involved and, after a period of time, the child is adopted by the foster parents.

There are two types of private placement adoptions. One is where a parent surrenders his or her child, usually when the child is a baby, to person(s) who wish to adopt the child.

The other kind of private placement adoption occurs when a parent is having problems, and grandparents, aunts or uncles, siblings or close family friends agree to take care of the child(ren) outside of the foster care system. After a while, the person caring for the child may decide to adopt the child. A private placement adoption also occurs when a parent has died and another family member chooses to adopt the child or where a step-parent chooses to adopt his or her step-child.

In a private placement adoption, an agreement is reached between the child’s biological parents and the person(s) who wishes to adopt the child. The adoptive parent or parents must be “pre-certified” (approved) to take temporary custody of the child while the court decides if he or she is a suitable parent(s).

The court requires the adoptive parent(s) to submit a number of documents, including an adoption petition, marriage records (if any), and a report following an investigation of the adoptive parent’s home.

Before the adoption petition can be granted the parental rights of the biological parents have to be terminated. When the termination is voluntary the termination is accomplished by executing a Consent to Adoption before the Probate Judge. When the termination is involuntary a parental termination petition and hearing is required before the court will terminate the biological parent(s) rights.

If the parent or parents’ parental rights are terminated and the court finds that the adoptive parent or parents are able to provide for the child’s proper care and support, the court approves the adoption.