Adoption

Question 1

who can be adopted

Answer 1

ANYONE

Question 2

can a genetic parent choose who they want to adopt the child?

Answer 2

yes, if the genetic parent express a preference for placing the child in foster home or adoptive home; they have a choice as to whom the child is adopted, whether due to one who has same religious background or one who will appreciate the child’s religious background

Question 3

The court shall not DENY petition of adoption base on:

Answer 3

1. race
2. color
3. national origin
4. sexual preference; however if it can be established as a religious preference it may pass (but may not); again the child’s best interest must be consider

Question 4

Who can Adopt?

Answer 4

1. husband and wife
2. unmarried adult
3. married individual with out other spouse, if:
   - The other spouse is a parent of the individual to be adopted and consents to the adoption;
   - The petitioner and the other spouse are legally separated; or
   - The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.

Question 5

A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

Answer 5

1. The mother
2. The father if
   - he was married to the mother at the time the minor was conceived or at any time thereafter,
   - the minor is his child by adoption,
   - he has custody of the minor at the time the petition is filed,
   - he has a written order granting him legal custody of the minor at the time the petition for adoption is filed, or
   - he proves that a significant custodial, personal, or financial relationship existed with the minor before the petition for adoption is filed
3. Any person lawfully entitled to custody of the minor or empowered to consent
4. The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption
5. The spouse of the minor to be adopted

Question 6

How Consent Must Be Executed for Adoption:

Answer 6

The required consent to adoption shall be executed in the following manner:

1. If by the adoptee, in the presence of the court
2. If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments
3. If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments
4. If by a court, by appropriate order or certificate

Question 7

Withdraw of consent

Answer 7

A consent to adopt may be withdrawn within 10 calendar days after it is signed or the child is
** a consent to adoption cannot be withdrawn after the entry of a decree of adoption

Question 8

After the petition, a hearing is set, how many days before the hearing should notice be sent and to whom?

Answer 8

1. at least 20 days before the hearing, notice must be sent to all required parties:
   - any agency or person who consent to the adoption
   - any putative father who signed acknowledgment of paternity or has registered with the state’s putative father registry

Question 9

Before placement of a child can occur, what must be done?

Answer 9

a home study shall be conducted by a licensed child welfare agency

Question 10

After the hearing is complete, the court can issue what?

Answer 10

Either

1. a final decree of adoption
2. interlocutory decree of adoption

Question 11

what does it mean to be adopted?

Answer 11

To create the relationship of parent and child between petitioner and the adopted individual, as if the adopted individual were a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption