In the United States, "do-it-yourself" adoption papers are available for free online or at local courts and self-help centers. There are several different types of adoption such as stepparent, private, agency, open and closed. Learning state law, court rules and adoption procedures can increase your chance of obtaining a finalized adoption.
Types of Adoption
There are several different types of adoption: stepparent or domestic partner, relative, agency, independent, private, international, open and closed. Stepparent or domestic partner adoptions involve a biological parent's new spouse or domestic partner. Relative adoptions can be initiated by a relative wishing to legally adopt a child in their care. Agency adoptions involve using a state-approved agency. Independent or private adoptions are accomplished without an adoption agency and are subject to more restrictive guidelines. International adoptions cross national boundaries. Open adoptions allow birth parents and adoptive parents to interact and may even include post-adoption contact. Closed adoptions restrict personal information and contact (Reference 1).
Strategies and Process
If you choose to handle your own adoption, it's important to learn the laws of your state, familiarize yourself with local court rules and procedure, obtain consent from birth parents, complete and file all necessary forms, undergo a social or home study, consent to a background check and attend your hearing.
Learning your state's adoption laws will help you successfully complete the adoption process. Click here to find your state's legislature website for current and pending laws (Resource 1). Understanding your local court's rules and procedures such as how courts operate and what they require, will increase your chance of obtaining a finalized adoption. Several courts provide law library access and self-help centers for "pro per" litigants (without an attorney). To find your local court's website, click here (Resource 2).
Unless birth parent rights have been terminated, you must obtain birth parent consent. In several states, this only requires birth parents to sign a consent form in front of a notary. However, if either birth parent refuses consent, they may have to appear in front of a judge. After obtaining written consent, complete and file all necessary forms. Provide copies of documents such as birth certificates, medical records and receipts for any costs paid on behalf of birth parents. Costs for filing adoption papers can vary widely, depending on location and adoption type.
As part of the adoption process, courts require adoptive parents to complete a social or home study, and background check. Studies are conducted by social workers or adoption agency personnel, requiring home visits and interviews. Background checks require fingerprinting and criminal record checks. There are fees associated with studies and background checks; amounts vary based upon location and agency.
After you submit all supporting documents, the court will set a hearing date. If birth parents refuse consent, the judge could require all parties to testify. In most states, children 10 years or older might be required to offer written or verbal consent. When the hearing is over, the judge will make a decision; if your adoption is approved, the judge signs paperwork and finalizes the adoption. Most courts will also combine name and birth certificate change requests with the final hearing (Reference 1).
For more information about adoption, click here (Resource 3).
Tags: birth parents, birth parent, court rules, domestic partner, local court, your state