Criminal Law
Criminal Law
Criminal law concerns the system of legal rules that define what conduct is classified as a crime and how the government may prosecute individuals that commit crimes. Federal, state, and local governments all have penal codes that explain the specific...
Murder
Murder
Murder occurs when one human being unlawfully kills another human being. This is also known as homicide. The precise legal definition of murder varies by jurisdiction. Most states distinguish between different degrees of murder. Some other states base...
Drug Charges
Drug Charges
Drug Charges Laws regulating drug crimes are an area of intense interest in the United States right now. Many states have contemplated drug law reforms, including the increasing legalization of medical marijuana , and, in a few states, general marijuana...
Domestic Violence
Domestic Violence
Domestic Violence Domestic violence is a category of violent crime that applies to abuse and disputes that may arise in a familial or relationship context. Since the violence is “domestic,” it often occurs within the confines of the home or private...
Assault and Battery
Assault and Battery
Violent Crimes Crimes defined as violent may vary by state, but they often include crimes of harm against another person like assault or battery, sexual crimes like rape, and serious property crimes like arson. Although homocide crimes are often...
Armed Robbery
Armed Robbery
Robbery Robbery is defined as the taking of another’s property by force or threat. It is sometimes also referred to as larceny by threat or force. Because robbery involves injury or the threat of injury, it is considered a more serious crime than many of...
Burglary and Theft
Burglary and Theft
Theft Crimes Theft crimes are crimes that involve the unauthorized taking of the property of another with the intent to deprive them of it permanently. Historically, theft involved three different categories of crime: larceny, embezzlement and false...
Arson
Arson
Arson Arson is defined as the willful and malicious burning of the property of another. It is considered a violent crime and is treated as a felony in most states. According to the National Fire Incident Reporting System, almost 17,000 acts of arson...
Traffic Offenses
Traffic Offenses
Traffic Offenses The law of traffic offenses, also known as traffic violations, covers unlawful activities that occur while an individual is operating a motor vehicle. Traffic offenses are typically governed by state motor vehicle codes that define...
Identity Theft
Identity Theft
Identity Theft “Identity theft” is the use of someone else’s personal information without his or her permission, usually for financial gain. While state and federal laws prohibit identity theft and provide restitution for victims, the immediate impact on...

Adoption

If you are considering bringing an adopted child into your life, this is a momentous decision. You should take the time to understand the full scope of your options, which may be broader than you imagine. People at any stage of life can be adopted, and you can adopt a family member or someone who has no relationship to you. Each state follows its own adoption procedures, so you should be familiar with your state’s laws before going through the process. You should also be aware of the various types of adoptions to consider so that you can choose the type that works best for you.

Types of Adoption

There are several ways to adopt a child, of which the most common are independent adoptions, agency adoptions, and identified adoptions.

Independent adoptions are based on an agreement between the biological parents and the prospective adoptive parents. Although independent adoptions are legal in almost all states, there may be specific rules that you need to follow if you choose to pursue this route. In some cases, the agreement provides for the biological parents to retain contact with the adoptive parents and the child after the adoption. This is known as an open adoption.

Some prospective adoptive parents prefer to use an agency in adopting a child. Biological parents may try to have their child adopted through a private agency, such as a non-profit organization, if they cannot take care of the child. There are also public agencies that seek to find new homes for foster children who have become wards of the state. These children may have lost their biological parents or suffered from abuse. It is generally cheaper and less time-consuming to use a public agency than a private agency, but the counseling services at a private agency tend to be more comprehensive.

Identified adoptions combine aspects of independent and agency adoptions. Initially, identified adoptions resemble independent adoptions, with the biological parents and the prospective adoptive parents deciding to arrange an adoption. Instead of formulating an agreement themselves, however, they use an agency to handle the rest of the necessary paperwork. This method of adoption is allowed in the handful of states that do not permit independent adoptions.

Some couples look beyond the United States and seek to adopt children from other nations and cultures. This requires meeting the adoption requirements in both the United States and the country where the child holds citizenship. You will likely need to enlist the help of both a U.S. agency and a foreign agency to assist with an international adoption. These adoptions are usually more expensive than domestic adoptions, and they are often riskier because there may be less oversight of adoption agencies in the child’s country of origin.

Who can adopt?

In theory, any adult who is fit to be a parent is legally eligible to adopt a child, assuming that the adult meets any state residency requirements. Even unmarried couples and single adults can adopt a child. (If you are married, however, you must adopt as a couple with your spouse rather than independently.) In practice, state courts and agencies will consider the best interests of the child in deciding whether to grant an adoption. Biases against certain types of couples can result.

For example, same-sex couples can adopt children, but these couples may find more obstacles in their path to adoption. The same may be true for prospective parents whose race or ethnicity is different from the child whom they plan to adopt. Single people seeking to adopt might sometimes be given lower priority than couples when they are pursuing adoption through an agency. Like unmarried couples, single individuals wishing to adopt may be given fewer options and may be subject to longer investigations into their fitness for parenting.

Who can be adopted?

Most people think of adopting infants when they think of an adoption, but anyone of any age can be adopted. In fact, people who are willing to consider adopting children who are somewhat older may be able to adopt a child sooner. (There are more prospective adoptive parents who want to adopt infants than there are infants who are available to be adopted, so you may need to wait a long time if you are only interested in infants.) People who are open to adopting children from foster care also may be able to adopt a child sooner, since states often encourage and incentivize these adoptions as a policy matter.

Even adults can be adopted, which is often helpful for including someone in a will or another estate planning instrument. At the other extreme, people who want to raise a baby from the very outset of their life may consider adopting an embryo that another family has placed in storage and no longer plans to use.

Adoption Procedures

If you pursue an independent adoption, and perhaps even if you use an agency, you may want to consider hiring a lawyer to help you navigate the technicalities of the process. Prospective adoptive parents who are interested in an independent adoption must make sure that they have received valid consent from the biological parents. This usually cannot happen until after the child is born, and consent sometimes can be revoked within the first few months of the child’s life with the adoptive parents.

The prospective adoptive parents also will need to file an adoption petition with the court. This gives notice to the people who must consent to the adoption. If the child is a certain age, they may be required to consent as well. A hearing on the adoption will be held so that a judge can decide whether the child’s best interests are served. If the judge approves the petition and issues a final order on it, the child can start their life with the adoptive parents. If the judge denies the petition, there may be grounds to appeal in some cases.

George can assist you in your adoption matter.  If you wish to adopt, you must know the laws and a experienced attorney like George can get you on your way to having your dream of family.

Family Law
Family Law
Family Law Some of the most emotional and complex matters that you can face involve your family relationships. These can evolve over time as spouses find that they have grown apart, or the needs of children change. Often, spouses or parents can reach an...
Divorce
Divorce
Divorce It is a reality of modern life that not every marriage lasts forever. The divorce rate has been steadily rising throughout the United States for decades. If you are considering ending your marriage, you should learn something about the process in...
Legal Separation
Legal Separation
Legal Separation A legal separation occurs when a married couple makes a formal (legal) decision to live separate lives, often while considering or preparing for divorce . There are many reasons that a couple may prefer a legal separation instead of a...
Prenuptial Agreements
Prenuptial Agreements
Prenuptial & Postnuptial Agreements A prenuptial agreement is a contract entered into prior to a marriage or civil union. A postnuptial agreement is a similar contract entered into after a marriage or civil union. These agreements are typically notarized...
Parental Rights
Parental Rights
What are Parental Rights? In a family law context, parental rights refer to a parent’s rights to make important decisions and take certain actions on behalf of their child. Such rights are generally deemed automatic for biological parents, as well as...
Adoption
Adoption
Adoption If you are considering bringing an adopted child into your life, this is a momentous decision. You should take the time to understand the full scope of your options, which may be broader than you imagine. People at any stage of life can be...
Termination of Parental Rights
Termination of Parental Rights
Termination of Parental Rights The law in the United States holds a special regard for the rights of parents. Parents are allowed to make important choices on behalf of their children, and the state is rarely allowed to interfere. In return, parents are...