All children deserve to belong in caring, loving homes. Every year about 100,000 children are adopted in the United States. That number includes adoptions from a variety of sources. Adoption is an option for people who wish to create or expand their families. There are different types of adoption and it is helpful to learn about them so you can determine which one is right for you. An experienced adoption attorney will answer your questions and assist you through the adoption process.
Private Adoption
Private adoption is also sometimes called independent adoption. This type of adoption happens when a birth mother and adopting family come to an adoption agreement. This type of adoption may be possible between a pregnant woman and a family she knows. Birth parents and prospective adoptive parents work outside of an agency to facilitate the adoption. These types of adoptions can have some pitfalls, so it is essential to understand the laws that pertain to adoption before you choose this route.
Agency Adoption
Agencies handle many private adoptions in the United States. An adoption agency matches potential adoptive parents with children who are available for adoption. Agency adoptions typically require an evaluation and home study prior to adoption. Potential adoptive parents will need to provide detailed information that proves they have the means and ability to provide for a child. Agency adoption can take some time as parents are often put on a waiting list, especially if they prefer an infant adoption.
International Adoption
There are thousands of children in need of adoption outside the United States. Private international adoptions are handled through private adoption agencies. International adoption has both advantages and disadvantages over other types of adoption. You may be able to adopt an infant more easily. However, the process to adopt outside the U.S. can be more cumbersome. The process can have several more steps that may include travel. A waiting list may make it a lengthier process and, therefore, more expensive.
Foster Adoption
Foster adoption is a type of public adoption. Foster children are those who are under the care of the state. These children are placed into foster homes with the goal of reuniting with their biological families in the future. In some cases, a foster child may be adopted. This happens when the biological parents give up their parental rights. The foster care program is provided through the Washington State Department of Children, Youth, and Families. There are also several non-profit agencies in Washington State that can complete foster-to-adopt home studies for prospective adoptive parents.
Relative Adoption
A relative may be able to adopt a child. Relative adoption may be private or public, depending on the circumstances. A relative adoption is possible when the child’s biological parents are unable or unavailable to care for a child and give up their parental rights. The child is, therefore, able to be adopted by the relative. A relative may be a grandparent, aunt or uncle, or other family member of the child. Placement of the child with a relative may be done through court order or privately, such as when the parent voluntarily places the child with a relative. A skilled adoption attorney will help with the process.
Stepparent Adoption
Stepparent adoptions are among the most common types of adoptions. A stepparent may wish to formally adopt their stepchild. In order to adopt a stepchild, the biological parents must consent and typically one parent must terminate their parental rights. The stepparent adoption process generally is easier than other types of adoptions as long as the biological parents agree. The stepparent must petition for adoption and complete a post-placement home study by a qualified social worker or agency. The judge will make a final determination.
Tribal Adoption
Tribal adoption occurs in Tribal nations. There are 29 federally recognized tribal governments in the state of Washington. These Tribes each have their own laws and customs that may provide for adoptions. The ability to adopt through a Tribe depends on the Tribe’s practices. The Indian Child Welfare Act provides guidance for Tribal child adoption. The first preference is an extended family member, followed by a member of the same Tribe, and finally to another Native American family.
Parental Rights and Adoption
Before an adoption can take place, the birth parents must terminate their parental rights. This is a legal process by which the birth parent is no longer responsible for the child. Also, the birth parent will no longer have any rights with regard to the child. An adoption may only take place when the child’s birth parents give up their rights or if the State pursues a termination of parental rights. If parental rights are not relinquished, a child may still not live with them and could be in foster care or living with a relative.
Parental rights may also be terminated involuntarily. The court may terminate parental rights when the child has been legally removed from the home, on the recommendation of the Department of Children, Youth, and Families, when it is in the best interests of the child, and when there are aggravating circumstances present. Aggravating factors may include abandonment, mistreatment, or criminal conviction of one of various crimes against a child. Parental rights must be terminated through the legal process in order to be deemed valid. Once a parent’s rights are terminated, they are no longer responsible for the child.
The Role of an Attorney in Adoption
The adoption process can be lengthy and, at times, complex. A knowledgeable adoption attorney will guide you through the entire process from the day you decide to adopt until you bring home your adopted child and beyond. It is critical to follow the legal path to adoption so the process cannot be challenged at a later date. Going through an adoption can seem daunting if you are unfamiliar with the procedure. An adoption attorney will work with you and on your behalf to facilitate a smooth and legal adoption.
Adoption can be a beautiful way to bring a child into a loving home. If you are considering adoption, you will want to begin the process with a legal consultation to discuss your options and expectations. Contact us at View Ridge Family Law & Estate Planning at (206) 502-4748 to schedule a consultation with our legal team.
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