Adoption Law

Question: Adoption law? Hi. I need sites. Situation: husband's cousin in jail for abusing her baby, 3 counts of felony child abuse. We're a homestudied and approved adoptive home. Federal law mandates that they look at placing w/family first. They're obsessed with trying to place with a couple that birth mom wants, but doesn't know a last name or a phone number. They're trying to get a hold of her cell phone for this number. Any ideas/suggestions/sites? thanks!

Answer: and what about the child's father?

Question: Is there any difference between men and women in the law regarding adoption? Inspired by comments to my previous question which said that either parent should be able to put the child up for adoption, and if neither parent want the child, it will be adopted out. Does anyone know how near or far this is from current adoption law, or have any information on it? Is the law the same for both genders, or does it vary between mother / father - and if so, what are your thoughts on that? Many thanks :-)

Answer: In the US the laws are some what unified although not exact. If a single mother wishes to place a child for adoption then they must try to notify the father and get his consent. This can be done by advertisement if his name is not known or direct contact if he is known. If he objects there will be a court hearing to determine if his rights will be terminated by the court. Some things the court will consider - whether he abandoned the mother during the pregnancy, whether he paid any support, his criminal history, his relationship with his other children and if he has consistently supported them. Men who wish to be part of their children's lives are supposed to sign into a putative fathers registry if they suspect a pregnancy. Juvenile/family courts can terminate either parents rights for abuse or neglect.

Question: I would love to know about child adoption law in state of Illinois? In Illinois, can single males (have never gotten married before) adopt orphan? I'm would-be writer and I would love to know about child adoption law in state of Illinois. Can single male adopt a daughter of his best friend or ex-girlfriend (but she has married with another guy)? Can anybody answer my question? His ex-girlfriend and her husband were killed but only their daughter was survived. Do you think he can adopt her? She has no relative.

Answer: In Illinois they stand the same chance as any other couple down the street.Single male would fare about the same. Child goes into foster care, under orders from the local court and they will place her in a foster home licensed for her age. If a relative inquires to take the child that relative will have to jump through the same hoops as any other person---no special breaks. Keep in mind that all relatives are NOT going to pass background checks and all the other requirements. The child will stay in that foster home until an approved family member steps up---in reality this doesn't happen as often as one might think.

Question: what is the vermont adoption law? my dad seems to think you have to have a closed adoption but, i thought that law changed can anyone help me?

Answer: Although most states seal adoption records, and many states do not enforce open adoption agreements, that doesn't necessarily mean all adoptions are closed. The state will not give information out, nor will they compel any agency to release contact information, but that doesn't meant the adoptive parents and relinquishing parents can't exchange information willingly. For example both us and our son's bmom live in states with no open agreement enforcement and sealed records, yet we have an open adoption by mutual agreement. We have each others numbers, addresses, etc. No law I have ever heard of prohibits two or more consenting people having contact in any way they choose, however they won't enforce private agreements as contracts nor compel communications. The state simply won't be involved in that aspect.

Question: How can I search on Adoption state law in my state? I been researching online for state law in my state for adoption. The ones showing up for adoption from other people. But I am trying to search on is my boyfriend (engaged to get married) want to adopt my three children. Their dad are deadbeat dad. I am looking something that i can find out the process how long would we need to be together before he allowed to adopt them. Or anything else. How do I search something like that. Thanks I live in state of ohio.

Answer: If you type "step-parent adoption, Ohio" into 'Google' or another search engine you may find what you are looking for. Here are a few things to think about that are true in every (or nearly every) state. 1) You need to be *married* for a period of time before your then-husband would be able to adopt. It is not enough to just "be together" -- he must be married to you. Usually, you must be married for at least a year. In many states, it's three year and in a few it's five or even longer. 2) You must gain consent from the father(s) of your children before another man can adopt them. You must make a good-faith effort to contact him/them before any court would even consider terminating his/their rights. There are exceptions if he is a convicted felon (but only of certain crimes/types of crimes) or if he has a history or abuse, neglect or has lost rights to other children. 3) Your soon-to-be husband needs to agree (in court) that he will assume all parental and financial obligations for the children and that he understands that he will have to pay child support if you are ever divorced. Beyond that, the rules are very state-specific. Perhaps you will have better luck if you add "step-parent" to your search, as I mentioned above. Take care!

Question: Adoption law. Does an adopted person have any claim to their birth parents estate? Person adopted in Scotland in 1960`s. Birth mother living in England. Would an adopted person have any claim or entitlement to their birth mother/father`s estate?

Answer: Only if the birth mother left that in their will

Question: What is the statue of limitations when it comes to adoption law in Colo? Adopted at 5 years now 25 can I still file suit? I was adopted when I was 5 years old I am now 25 and want to file a suit against the adoption agency for personal injury.

Answer: For what? You don't want to be adopted?

Question: what are the conditions of the Adoption Law for an aunt to adopt her nephew? The aunt is 43 years old and is a U.S citizen. The father is a priest who intends to dedicate all his time to God and his Parish. The mother is busy teaching and writing poetry. They have five children.

Answer: you would probably be better off going with guardianship if all parties are willing. talk to a lawyer who specializes in family law, should cost less than 50 bucks for a little advise to get you started.

Question: If a company has less than 50 employees do they have to give time off after an adoption by any law? The company I work for says they will not give me time off (6 weeks) after we complete our adoption even though the other new moms in our office got time off after "having their babies". Mangement says they are not required to give time off under any labor law because they have less than 50 employees..Is this true? If it is not covered under labor laws is it discrimination since the "birth parents" got time off and I am unable?

Answer: not many laws for a company under 50 people. She may have taken her time off unpaid. every one is different

Question: What are key concepts involving adoption law?

Answer: A short, but certainly not complete, list of things to think about: Termination or voluntary relinquishment of parental rights involved in placing a child up for adoption. When and how can the birth mother change her mind and reverse her decision to place the child up for adoption. What happens if the birth father wasn't involved in the initial decision and comes in later to get the child (this usually depends on state law). You'll want to have a basic understanding of the process of putting a child up for adoption and adopting a child. Read your class notes.

Question: Does anyone know case law for any cases about open adoption? I'm wondering what actual laws prevent open adoption from being enforceable, and what challenges have been done to help first moms get visitation with their children in open adoption. Please also put the state in the answers.

Answer: The law that prevents the enforcement of open adoptions is the surrender the mother signs, and the court recognizing the signature by terminating the parental rights. The Open Adoption agreement is not binding because the Parental rights of the natural mothers have been terminated. She no longer has any rights to the child she surrendered. Since an adoption agreement is not a contract, the normal contract laws don't apply. Contract Law requires that someone get something in exchange for something else. In order for it to be a legal contract there must be an exchange, and since the mother gets nothing, the requirement of a legal contract are not fulfilled, so there is no contract. If there is not a contract, and the mother has no rights, there cannot be a legally enforceable Open Adoption, unless a state particularly makes them enforceable, which some have done. It isn't case law that precludes, but case law that allows Open Adoption Agreements to be legally enforceable. However, even the ones that are enforceable still necessitate the hiring and paying of an attorney to enforce it, and for a woman who has surrendered due to financial constraints, that can be an obstacle, as is finding an attorney to handle the case. There is usually a lot of money for attorneys in separating mothers and babies, but not much in keeping them together, unfortunately,. even in Open Adoption. I will be interested to hear about cases where it has been done.

Question: Is there such thing as "Common Law Adoption?"? I'm sixteen years old and will be applying to college in the fall. My mother has been married to my stepfather since I was three but I am not sure if there is such thing as common law adoption in Connecticut. I need to find this out because I desperately need financial aid and would like to know if I qualify with my mother's low income.

Answer: If your stepfather and mother have claimed you on taxes, then both their incomes and asset information must be used for financial aid purposes.

Question: What r your thoughts on this Law pertaining to Adoption?? What about the affects it will have on abortion? In October 2001, Democrat Senator Walter Campbell issued the Scarlet Letter Law...A law that stated that all Florida women that were wanting to put their child up for adoption would have to publically state their names, age , race, sex, and all their sexual partners in the newpaper...the add would run once a week for four weeks straight...this was was only effective for 18 months..However, is trying to become reeenacted again... This law would alos apply to all rape victims as well... Do u believe that it would possibly increase the number of abortions performed? Does it violate the privacy issue?? Whats next from the Govermant are they going to have everyone that is HIV positive publically state their names too with all their sexual partners... This could be done in a better way without humiliating the woman d u agree?

Answer: Why the hell would they pass that law? That fluggin nuts! It's not a punishment to want the best for any child! We are an adoptive/Foster family. We have adopted twin boys when they were 2, we are fostering to adopt a baby girl, and we are also in process of adopting the twins little brother now. We are pro choice, but thanks to decision to allow their children to be adopted, there are many many families out there! I suspect you are right about abortion percentage possibly increasing. This law is a terrible reason for making that choice just that much harder for women.

Question: What's the difference between a law center and adoption agency? And which is better/worse? My husband and I recently found out we can't concieve and now we're looking into the possibility of adoption. If you have experience with this please help. I'm overwhelmed with so many options and of course when you talk to them they make it sound like their option is better. I'm looking for some personal experiences. I have talked to both adoption agencies and law centers but I'm wondering how others have dealt with them and felt about it.

Answer: The former is even more loosely regulated than the latter

Question: Why do you think people change their status in terms of marriage, adoption common law etc? what factors do you think affect their decision?

Answer: Sometimes emotional factors, sometimes legal, sometimes family.

Question: Looking for a Board Certified Adoption Law Atty in the Kaufman, TX area.? I live in FL, but am looking to adopt out of my state. Need an Atty with connections in that area that is board certified. We have a friend who lives in Kaufman that we would use as a home base in the event of a successful match. Any suggestions?

Answer: If all else fails, I can recommend Brown Pruitt Peterson & Wambsganss in Fort Worth. Good luck!

Question: What is the law on adoption in Florida in this situation? Can a child be adopted by a step parent if the mother hasn't given up her rights to the child and there is an on going custody case?

Answer: No. A parent has to give up (sign over) their parental rights before a step parent adoption can take place. So if a husband is wanting his new wife to adopt a child, the biological mother HAS to willingly sign over her rights to the child, otherwise an adoption will not take place. Custody has really nothing to do with it. Its all about whether or not the biological parent is willing to give up their rights to their child in order for another person (the step parent) to adopt them.

Question: Does anyone know anything about Japanese Adoption Law? I am 23 years old but my stepfather is Japanese. My parent's papers did not state that we (my sister and I) are legally adopted by him but then we want to stay here permanently. He recently went to the city hall to check if he can adopt us but other than paperworks ask of him I am not sure what's going on. Would you know if there's a chance that this can work and my visa can be changed?

Answer: Yes, in Japan an adult can be adopted. There are many website that talk about this - you need only to Google it to find them for yourself as I just did.

Question: florida adoption law for birth fathers? if the birthmother has a adoption plan and the agency that serves the father with father registry papers is not the adoption agency the adoption is taking place through is this legal ? The first agency told the birth father other people were on the list of fathers and also lied to the birth mother. Saying he did'nt respond.

Answer: First of all the adoption agency won't give the father any Information on how and when to file the registry they want nothing more than the father not finding out about it. If the father does file he still has to fight for the child but he has a chance to get his child. this happened to my son but he did file he was even told the child was some ones other than his didn't matter he still file. He as a good chance of having his child returned

Question: What is the law on Child abandonment and adoption in the state of georgia? My live in boyfriend has a four year old son. He has full custody of him. We have not heard from the childs mother in over four months. She lived in New Mexico when they divorced. Then came back to Georgia for about six months. Then moved back to New Mexico over a year ago. She was calling everyday for the first couple of months after moving back. But we have not heard anything from her since March. She does not pay child support or help with the costs of raising him. I would adopt him if she does not want to be his mom anymore. My fear is that she dosen't want the responsibility of him but she dosen't want anyone else to have "her" son. Can anyone help me?

Answer: One year of no contact is required based on the following statutes: Ga. Code Ann. § 15-11-58(m) In the event that a child has been in foster care under the responsibility of the Division of Family and Children Services for 15 of the most recent 22 months, or if the court has determined a child to be an abandoned infant, as set forth in § 15-11-94, or has made a determination that the parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the child's parents, or, if such a petition has been filed by another party, seek to be joined as a party to the petition. Ga. Code Ann. § 15-11-94 In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home. The court, by order, may terminate the parental rights of a parent with respect to the parent's child if: The written consent of the parent, acknowledged before the court, has been given; acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption. A decree has been entered by a court of competent jurisdiction of this or any other State ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer. The parent has abandoned the child or the child was left under circumstances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child. The court determines parental misconduct or inability by finding that: The child is a deprived child, as such term is defined by § 15-11-2; The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived. In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following: A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child; Excessive use of or history of chronic un-rehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child; Conviction of the parent of a felony and imprisonment therefore which has a demonstrable negative effect on the quality of the parent-child relationship; Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature; Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. In addition to these considerations: Where the child is not in the custody of the parent who is the subject of the proceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of 1 year or longer prior to the filing of the petition for termination of parental rights: To develop and maintain a parental bond with the child in a meaningful, supportive manner; To provide for the care and support of the child as required by law or judicial decree; and To comply with a court ordered plan designed to reunite the child with the parent or parents.