ADOPTION

While adoption is an exciting time for parents, the legal process involved is complex. Extensive paperwork and required legal steps make it wise to choose an experienced attorney to represent you. At C.E. Borman & Associates, our lawyers prepare the necessary documents, ensure that they are legally sound and do our best to expedite the process.

For an adoption to occur, your attorney must file a petition with the court. The next step involves terminating the parental rights of the other parent ─ the biological father or mother. Parental rights can be terminated voluntarily with the other parent signing an agreement. Voluntary termination typically happens when an adoption is arranged through a private agency or through international adoption.

In some situations, however, parents fight termination of their parental rights. Examples include:

• Step-parent adoptions where biological parents don’t want to give up their rights
• Child abuse or neglect cases where Child Protective Services (CPS) seek to terminate the parents’ rights.

Such situations are referred to as “involuntary termination” cases. When an adoption involves involuntary termination, our attorneys can help you determine whether legal grounds for termination of parental rights exist.

When the other parent fights parental rights’ termination, the court orders a social study to gather information. Studies often involve:

• Interviews with collateral witnesses
• Observation
• Home environment evaluations
• Financial evaluations of the parent(s)

The court also appoints an amicus attorney, whose job is to determine what is in the best interests of the child. “Amicus” in Latin means friend. The amicus attorney interviews the child and people involved in the child’s life and also evaluates the child’s home environment. Observation and evaluation conducted by an amicus attorney are more in-depth than observation and evaluation in a social study.

For grandparent adoption, both biological parents’ rights must be terminated.

When parental termination occurs voluntarily, you move straight to the adoption process. The adoption process requires several legal steps:

• Pre-adoptive home screening of the adoptive parent
• Criminal history background check of the adoptive parent
• Social, health, education and genetic history report on the child
• Post-placement report

The health and genetic history report is prepared so the child can receive preventative medical care based on the parents’ genetic and medical background.

Once the child lives with the adoptive parent for six months and the court sees that the placement is going well, the court often enters an order to make the adoption final. In some cases, it may not be necessary to wait six months and courts issue the final order sooner.

Whether you are the biological parent or the adopting parent, our attorneys at C.E. Borman & Associates can help you navigate the adoption process.