An Overview of Adoption Law

As you may know, adoption law changes from state to state, or from country to country. The laws can mostly affect the adoption process, so it is highly important for every couple or parent wishing to adopt a baby to know exactly what the adoption laws are and what do they cover and restrict.



Below is a summary of the state adoption laws concerning mainly the consent, the parties involved, and the laws concerning the putative fathers.

Consent to Adoption

The state adoption law defines consent to adoption as the agreement by the parent, or a person or agency acting in place of a parent to surrender a child for adoption and to withdraw all the parental rights and duties of the birth parents. The ones who hold the right of consent to adoption are both biological mother and birth father. However, either one or both of them may own these rights terminated for reasons such as abandonment, failure to support the child, mental incompetence, or abuse or neglect.

Parties Involved in an Adoption

Regarding stakeholders in an adoption, the adoption laws maintain that for an adoption to take placed, the child must be put in the home of the person who is qualified to adopt. Well, those who may adopt are any single adult or husband and wife jointly. A stepparent can also adopt and those married couples are allowed to adopt singly provided that they are legally separated from their spouse, or if the spouse of incompetent enough. On the other hand, the adoption law states that those who can be adopted are those that are under the age of 18. The child must also be legally free for adoption and must be present in the state at the time of the filing of the petition. There are also some state adoption laws which hold that children available for adoption must have resided for a minimum period in the home of the adoptive parents.

Putative Fathers
Under some state adoption laws, the fathers who wish to play a significant role in their children’s upbringing have fewer rights about the children than either of the unwed or married parents. This means that they have lesser chance to maintain their parental rights with their children when the biological mother has decided to give up the child for adoption.

The adoption law has covered a lot of other important things, other than those mentioned above. These other matters involved the regulation of adoption costs, the infant haven laws, use of facilitator in adoptive placements, and a lot more.

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