Adoption Flashcards
What is adoption?
A legal proceeding terminating the relationship between the child and biological parents and establishing a new parental relationship
What are the jurisdictional requirements of the uniform adoption act?
Not adopted in most states, but most have added these to their own provisions or added adoption to the UCCJEA provisions
Jurisdiction if:
(1) child’s home state (for the 6 mos prior)
(2) prospective adoptive parent’s home state and substantial evidence about the child’s care is available in the state
(3) adoption agency in the state and the child/biological parents or child/adoptive parents have significant connection/substantial evidence of child’s care
(4) child and prospective parent in state and child abandoned, abused, neglected
(5) appears that no other state would have jurisdiction and is in child’s best interests
Is the consent of natural parents required?
Generally, but father’s consent unnecessary if they are not married. Consent unnecessary if rights have been terminated.
Consent requirement waived if unreasonably withheld against child’s best interests
What is a non consenting natural parent entitled to?
Notice of the hearing and opportunity to be heard
What are the rights of unmarried fathers in vetoing a prospective adoption?
Court considers level of involvement with child. If newborn, dependent on manifestation of parental responsibility. A father of a nonmarital child who has never previously attempted to establish a legal or personal relationship is not entitled to notice prior to adoption
When is consent of the adoptee required?
If over 12
When may consent be withdrawn?
Cannot be withdrawn after decree entered. Prior to entry, may be withdrawn if court finds it is in adoptee’s best interests (notice/hearing required for prospective parent, person seeking to withdraw consent, and adoption agency)
Is there an investigation/approval requirement?
Most states require an investigation of proposed adoption’s suitability and approval of the adoption by the court
Can money be paid to the natural parents?
In most states, no, except for medical costs related to pregnancy
What happens to adoption proceeding records?
Usually sealed and unavailable to public or adoptees
What are the consequences of adoption?
New birth certificate listing adoptive parents
No further rights and obligations for biological parents, new rights/obligations created in the adoptive parents
Adoptive child in some states will still have the right to inherit from the biological parents
What are the types of adoption?
Agency and private (with lawyers involved)
