Legal Adoption Procedure

If there is one thing in life that can bring great joy, it is being a loving parent to a child. Whether you are adopting a newborn baby or have married a spouse who already has children, it is important that all aspects of the adoption process be understood by everyone involved. As the adoption of stepchildren becomes more and more common within families today, many couples require the services of a family law attorney in Ontario residents look to for expert guidance regarding adoptions. As to the steps involved in the adoption procedure, here are some of the most important aspects of which you should be aware.

Equal Rights and Responsibilities

When a stepparent wants to adopt a child, it is usually done due to various circumstances. In most cases, the child's biological parents do not possess legal parental rights, are unknown, no longer a part of the child's life, or have simply given their consent for the adoption. Since some of these reasons can have complex issues associated with them, it is always best if you select an attorney for step child adoption whose reputation is one of excellence.

Other Types of Adoptions

Along with stepchild adoptions that have increased in recent years, there are other types of adoptions that are also common in today's world. Along with the traditional domestic adoptions of babies and younger children, many couples or even single individuals have also engaged in international adoptions of children overseas. Also, with the U.S. Supreme Court having legalized same-sex marriage, more of these couples are choosing to adopt as well. Since all of these types of adoptions require extensive paperwork and the following of strict guidelines, always seek help from knowledgeable legal counsel.

Consent is the Key Factor

In any type of adoption procedure in Ontario, consent of the birth parents is always a key factor in making sure the adoption is considered to be legal. Since parental rights are considered some of the most important rights within the legal system, courts take this aspect of the adoption process very seriously. For an adoption of any type to be considered legal, the child's birth parents must have given prior consent to permanently terminate their parental rights. As for exceptions to this, the only ones are where birth parents have already had their parental rights stripped of them by the court due to abuse, neglect, or abandonment. If any of these issues become problematic while you are in the process of adopting a stepchild, turn to a Ontario lawyer for legal adoptions families know will ensure their legal rights are always protected from beginning to end.

Issues with Consent

While you may think gaining consent from the child's birth parents may be easy, there are several factors that may come into play at some point. For example, a number of states let a child's biological parents change their minds about giving up their rights, and can in fact allow them up to 90 days to revoke their consent, which can be a crushing blow to the adoptive parents. In addition, some state laws require biological parents to complete counseling or other programs prior to relinquishing their rights, which can also delay and complicate the process. If you are in the midst of an adoption but now find the child's birth parents are hesitating, immediately hire an attorney that adoptive parents turn to because of their experience and knowledge in these matters.

Home Studies

Prior to your being able to adopt a child, an in-depth home study will be conducted by the court. In these situations, a social worker will visit your home to evaluate the situation and determine if you have the psychological, emotional, and financial stability needed to properly care for a child. While these can take as long as one year to complete, some can be completed in only 60 days. Also, while the social worker is the one who will make a positive or negative recommendation regarding the adoption, it is the court that will make the final decision. If you believe an appeal will be needed, you should consult with a legal professional to go over expectations and court-mandated requirements.

Providing Notice

Before the adoption process can be completed via court hearing, you are required to provide notice of the impending adoption to persons who have a legal interest in the child's life, which can include birth parents, legal guardian, and even the adoption agency and the child being adopted, depending on the child's age. Since notice requirements can vary among states, speak to an attorney prior to adopting a stepchild.

The Petition

Before a hearing can take place, you and your attorney must complete an adoption petition. This must include such information as names of the adoptive parents, biological parents, and the child, reason why parental rights of biological parents were terminated, why the adoption will benefit the child, and other similar information. In addition, written consent from the biological parents should also be included, as should a petition by the adoptive parents to change the child's last name if that is desired.

Court Hearing

After everything mentioned above has been completed, a court hearing can finally occur. While essentially a formality after all the paperwork, interviews, and other steps have been done, the court hearing is nevertheless important, since this is when the judge will sign the adoption papers and make the adoption legal. In addition, it gives the family a chance to celebrate the conclusion of a long and sometimes arduous process.

Since adoptions are very complex and can be delayed or derailed due to the slightest of mistakes, never take a chance on something going wrong. Instead, schedule your consultation today with a lawyer that is well-versed in handling adoption cases at Zimmerman Law LLP.