Legal Issues about regarding Adoption

Legal Issues about regarding Adoption

According to the law firm Higdon, Hardy & Zuflacht, “When you adopt a child, you are making one of the most rewarding and impactful decisions of your life. The effect on your life, and the life of your adoptee, is tremendous. However, people oftentimes do not realize the number and variety of hurdles and red tape they will have to face when beginning the adoption process. Adopters already face an emotional roller coaster without the added stress of long meetings with adoption agencies and paying exorbitant adoption fees. Thus, for a smooth transition into your new life, a legal professional is an invaluable asset.”

Establishing a parent-child relationship through adoption, however, can be a challenging endeavor, especially if the adoptee is already at a certain age or if the adopting parents have other children. Jealousy and the full legal rights of everyone, specifically of the spouse and biological children (when the spouses divorce or if one spouse dies), usually set in.

This is because, through adoption, the adopted child gets to acquire all the right and privileges possessed and enjoyed by any member of the family. He/She also becomes an heir in the same family. As regards the adoptee’s biological parents, they lose all their rights over their child as the adopting parents will be legally declared the adoptee’s new, rightful parents through adoption.

Adoption was originally conceived as a means to normalize and give meaning to the union of childless couples. Since 1851, though, after the Adoption of Children Act was made into law, adoption assumed the purpose of legal and social operations intended to promote the interest of a child rather than that of the adopting parents. In our modern society, couples, whether of opposite or of the same sex, can adopt a child, so long as the court sees them fit to parent a child.

There are two types of adoption legally recognized in the U.S. Closed Adoption and Open Adoption. In Closed Adoption, the state decides who can adopt a child, legally requiring the biological mother to relinquish her rights (over her child) in the process. Open Adoption is its exact opposite, as this legal procedure allows the birth mother to choose the adopting parents, besides maintaining the right to communicate with, and visit, her child.

Since states regulate the laws concerning adoption, there is no uniformity in what is required or considered for a couple, or even a single adult, to be deemed worthy or capable of adopting a child. Often, couples or individuals are confronted by laws and requirements that suddenly make adopting a child a complex procedure.

Any legal procedure, however, no matter how complex it may seem, will always be given light through the help of a legal professional. Thus, if you and your spouse are really serious on adopting a child, then consider going through the adoption process with the help of an experienced attorney, who can guide and help you through the whole procedure to make sure than even the tiniest detail that can sink your hopes of adopting will be checked and avoided.