Adoption and the Law: A Guide for Prospective Parents

If you wish to adopt a child, you may already know that you must take a number of careful steps in accordance with adoption agency policies and all applicable laws. Even so, some of the potential obstacles and complications you encounter along the way may surprise you.

A basic understanding of these issues should help you prepare for them in advance and respond to them as effectively as possible. Here are some areas of adoption that may call for particular legal assistance and expertise.

Before you can adopt a child, the birth parents must officially agree to a formal Termination of Parental Rights (TPR). This step involves a court hearing culminating in a judicial decree. Only after the termination of the birth parent's rights can you proceed with the adoption process.

Unfortunately, the termination of birth parents' rights doesn't always complete this leg of the journey for adoptive parents. The birth parents have a window in which they can change their minds and reverse their decision to terminate their parental rights. Each state sets its own time limit for this window.

Illinois birth parents sign an agreement called a Final and Irrevocable Surrender or Consent for the Purposes of Adoption. While a birth parent may ask for more time in the adoption process to take this step (which adoption agencies may or may not grant), the document constitutes a final termination of parental rights once the parent has signed it.

You might have trouble getting adoption consent from one birth parent even after the other has agreed to the adoption. Simply tracking down an absent birth father, for instance, may pose difficulties. Some states recognize verbal consent as sufficient, while others require written consent.

The birth father may also decide to withhold consent altogether. If you run into this roadblock, you might still find a way to press forward with the adoption. You may have to demonstrate that the father cannot serve as a fit parent due to incarceration, a drug problem, unemployment, or some other disqualifying factor.

An interstate adoption must obey the laws of both states involved in the adoption. The Interstate Compact on the Placement of Children (ICPC) governs this process for all 50 states. All parties in both states must share detailed information to help ensure compliance with both states' child placement requirements.

Adoptions by U.S. citizens of children from other countries must agree with the provisions of the Hague Convention, which implements safeguards to protect the best interests of such children. The Intercountry Act of 2000 allows for U.S. implementation of Hague Convention provisions.

Adoptive parents don't need to worry about applying for their adopted child's U.S. citizenship as a separate step. The Child Citizen Act of 2000 automatically conveys U.S. citizenship to children adopted by U.S. citizens.

Disabled individuals sometimes face challenges when they try to adopt. These challenges may seem directly at odds with the legal protections afforded them by the Americans With Disabilities Act and the Rehabilitation Act, both of which prohibit discrimination based on disability.

Identifying discriminatory practices in the adoption selection process can prove difficult due to the lack of transparency in the ranking systems used by adoption agencies. Disabled would-be parents may find themselves at the end of a long waiting list without realizing that their disabilities count against them.

The sheer number of opinions in play during the selection process can also complicate adoption for disabled individuals or couples. Social workers, birth parents, and other adoption professionals may all chime in with objections concerning the suitability of a disabled parent.

If you experience undue hardships in your battle to adopt a child due to a disability, you need to consult a family law attorney about your rights. Bear in mind, however, that birth parents may hold considerable power in deciding who will adopt their children, even if informal discrimination fuels their decisions.

Adoption laws and procedures include many more details and issues than we can provide here. For more information, contact James D. Bass, Attorney at Law.