Adoptions

Overview

Adoptions of minors typically fall into three categories: step-parent adoption, relative adoption and non-relative adoption.

Step-parent adoptions are the most common type of adoptions and they occur when a new spouse adopts the minor child(ren) of the other spouse. When completed with the consent of both biological parents, the procedure is more expeditious and may not require a litigated hearing. If one biological parent does not consent, then a litigated hearing is typically needed.

A relative of the child(ren) who petitions to adopt the child(ren) are classified as “relative adoptions.” These typically occur where both biological parents are deceased. Relative adoptions undergo scrutiny and examination as do the step-parent and non-relative adoptions and the Court can approve or deny any application and petition for a relative independent adoption.

Non-relative adoptions of minors happen when the adoption is by a person other than a blood relative and typically follow a previously established guardianship. An example of such would be when a step-parent petitions the Court to adopt his or her step-child(ren) after the biological parent passes away.

If you would like guidance through this process, please contact our office to set up a consultation.

FAQ

Q: Do I need to go to Court for an adoption?

A: Adoptive parents must file a petition requesting the Court’s approval and go through an adoption hearing. Unlike the legal dramas you see on TV though, adoptions are almost always happy occasions. Many adoptive parents bring toys and a camera to commemorate the special event. Many judges choose to conduct the adoption proceedings informally in their chambers in honor of the occasion.

Q: What should my adoption petition say?

A: Typically, an adoption petitioner should include the following five pieces of information:

  1. The names, ages, and current address of the adoptive parent(s);
  2. The relationship between the child and the adoptive parent(s);
  3. The reason why the adoptive parents are asking to adopt the child;
  4. Why the adoptive parents are appropriate people to adopt the child; and
  5. Why the adoption is in the child’s best interests

If the birth parents consent, this is also typically included in the petition, along with any requested name change.