Domestic Adoption Process
A domestic adoption is an adoption where the adoptive parents and the adoptee are all citizens of the United States. The domestic adoption process in the United States varies from state to state. The process of adoption also varies depending upon the type of relationship existing between the parties and whether there has been intervention by government or private placement agencies.
In agency placement adoptions the birth parents give their child to an adoption agency and the agency in turn places the child with prospective adoptive parents. The agency then takes responsibility for the recruitment of prospective adoptive parents. The adoptive parents will be provided with factual information about the child. Generally, medical information regarding child and the birth parents are shared with the adoptive parents. However, any information that would reveal the identity of the birth parents is not shared. Moreover, prospective adoptive parents applying for a child through an agency will be assessed and evaluated to check if the prospective adoptive parents are eligible to adopt a child. A single person can also be considered for the adoption of a child. Upon matching adoptive parents with an adoptee, the agency will obtain the consent of the appropriate authority of the state before placing the child with the adoptive parents.
Direct placement adoptions are independent adoptions where neither a governmental entity nor an adoption agency is a party to the adoption. Such adoptions give birth parents the right to select and consent to the adoption of their child by a particular adoptive home. Since adoption is a complex process, some birth parents ultimately choose to retain a licensed child placement agency or attorney for help in completing the adoption. In a direct placement adoption, identifying information is generally shared between the birth parents and the adoptive parents.
A stepparent adoption is an adoption of a child by a stepparent. This type of adoption is possible only when one birth parent retains custody and control of the child. In cases where a divorce is involved, the non-custodial parent must consent to the adoption. Where the non-custodial parent refuses to consent, it must be proven that the non-custodial parent has failed to fulfill his/her parental responsibilities towards the child. After stepparent adoption, the non-custodial parent who gives the child up for adoption will no longer have any legal responsibilities for the child.
Stepparent adoption, like all other forms of adoption in the United States, is governed by State law. The way to obtain consent is different in each State. For example, in California a stepparent desiring to adopt a child of his/her spouse must file a petition in the county in which the petitioner resides. California also permits a domestic partner of a same sex couple to file a petition for a stepparent adoption. Further, in California a birth parent who is a minor has the right to sign a consent for the adoption of the his/her child and the consent is not subject to revocation by reason of the minority.
Adult adoption is an adoption of a person above the age of majority by another adult, except the spouse of the prospective adoptive parent. Laws of adult adoptions are different in different states. Certain states allow adult adoptions of only disabled persons and others insist on certain age differences between the adoptive parents and the adopted adult. In other states, only the consent of the parties to the adoption is required. Since adoption is considered a formalization of the parent/child relationship, application for adoption is rejected where there is an existing sexual relationship between the parties.
Adoptions of children who are living in the foster care system are called foster care adoptions. These adoptions are carried out through local and regional public agencies. The procedure for foster care adoptions vary from one state to another. Certain states seek the help of licensed private agencies to conduct home studies and also to recruit adoptive parents for the foster care children. A home study is a review of the family and home environment of prospective adoptive parents. In some States prospective parents can be licensed as both foster and adoptive parents.
