Part of the process of going through an adoption involves going to court. First, you have to create an adoption petition that will then be filed. The court will set up a finalization hearing, and anyone who has an interest will be involved and allowed to present their position.
Who may have an interest? It depends on the case, but it could include the biological parents, the adoptive parents, a social worker, a guardian, a foster parent or extended family members. In many cases, it also includes the child, but the judge could decide that this is unnecessary or inappropriate. In some cases, there may be a representative from the Department of Social Services or Child Protective Services.
What do you put in the petition?
To start this process, you draft the adoption petition. Here are a few of the things that it needs to include:
- The name of the person – or the names of the couple – that wants to adopt the child.
- The ages and addresses of those adoptive parents.
- The legal reason that the biological parent’s rights were terminated.
- The justification for the adoption itself, showing that it is in the child’s best interests.
- The existing relationship between the child and the parents who are looking to adopt.
These specifics will vary from case to case. For instance, some people have their parental rights terminated by the state if it is in the best interests of the child. Others give up these parental rights intentionally because they want to place the child for adoption. Every case is unique, but those who are going through an adoption need to be well aware of the legal steps they should take.