Adoption can be granted when a few key steps are achieved. First, the natural parent’s rights must be terminated. Second, a court hearing must be held in order to evaluate the circumstances and the ability of the prospective adoptive parent. Finally, a court order or decree is issued by a judge stating the adoption is granted and in the best interest of the child. Once these steps have been completed the adoption is legal and the new parent completely steps into and overtakes the role as the legal parent of the child. Adoption proceedings are closely regulated by the state and vary depending on state law.
Termination of Parental Rights
In order for a child to be legally adopted by an adult other than the child’s natural parent, the natural (or biological parent) must have their parental rights terminated. This can either be court ordered, or the natural parent can consent to have their rights terminated and agree to an adoption proceeding. If a parent does not voluntarily consent to rescinding their parental rights, a judge must see “clear and convincing evidence” that it is in the best interest of the child to terminate parental rights.
Adoption Process and Home Study
Stepparent adoption procedures are often less daunting and complicated than agency or adoption procedures that are handled independently. The process is usually rather simple, especially if the child’s other birth parent consents to the adoption. If you cannot locate the other birth parent or if he or she is not willing to consent to the adoption or terminate their rights, the process can become more cumbersome and an adoption attorney is usually necessary.
However, if parental rights are terminated and the parent voluntarily consents to the adoption, a Home Study may be required in order to continue with the adoption process. This step is required by all states in order to evaluate and investigate the suitability of the prospective adoptive parents. The Home Study is usually conducted by a state agency or licensed social worker. This person will evaluate the child’s prospective home life under the care of the adoptive parent and submits a report and/or recommendation to the court based on their findings. Although this report and the recommendation is highly evaluated and taken into consideration, the court ultimately makes the final decision.
Court Hearing and Adoption Decree
A court hearing will be held and the judge will make a final decision regarding the adoption of the child. He or she will evaluate all of the information they have received, including testimony from necessary parties, the social worker or agency’s evaluation report and any other facts they feel are necessary and helpful. If the judge feels an adoption is in the best interest of the child they will grant an adoption decree which serves as legal proof of the proceedings. Once an adoption is finalized, the adoptive parent obtains all rights and responsibilities of a natural parent, and the adoption is nearly irreversible.
If you are a stepparent or a biological parent who would like to pursue a Stepparent Adoption, our Kansas Adoption Lawyer is experienced and here to help. Our attorneys have extensive knowledge in the area of adoption and family law and we have assisted many families and children through this process. We will give you assurance during the process that your matter will be handled correctly and efficiently. Call a Kansas Adoption Lawyer at McDowell Chartered Legal Services today (316) 633-4322 to see how we can successfully assist you with your adoption matter.