Adopting a Child in Minnesota
THE ADOPTION PROCESS IN MINNESOTA
Unlike some family law matters, such as divorce, child support, domestic violence, and child custody proceedings, adoption proceedings can be an exciting and rewarding time for everyone involved. While an adoption can be an exciting experience, it can also be a complicated process that can feel overwhelming or confusing at times. This article discusses the adoption process, and many of the common issues that may arise along the way.
How Does the Adoption Process Begin?
Adoption is the legal process in which a legally recognized parent-child relationship is established where one otherwise does not exist. An adoptive parent has the same rights, duties, and responsibilities to a child as does a parent to whom the child is born. In all adoption proceedings, the primary consideration is the best interests of the child involved.
The first step of the adoption process is obvious: find an adoptable child. There are numerous adoption agencies and facilitators located across the country who advertise services that help adoptive parents locate birth parents wanting to place their children for adoption. Additionally, there are many local adoption agencies in Minnesota who provide information about their services and programs. Another possibility in finding an adoptable child is to contact your local social services department and explore the possibility of becoming a foster parent and adopting a waiting child in the state guardianship program. These are children whose parents are voluntarily consenting to having their children adopted through the state ward program or whose parents have had their parental rights terminated for neglect or child abuse.
Once a child has been identified for an adoption, in most types of adoptions it will be necessary for the adoptive parents to have an adoption homestudy completed by a licensed child placing agency. The homsestudy will involve looking into potential adoptive parents’ finances, home safety and sufficiency, mental and physical health, criminal history, any involvement with child protection, and any other factors that may be a concern as to whether the potential adoptive parents are suitable potential parents. The agency that will be doing the homestudy will also provide various related services.
Finally, anyone seeking to adopt should confer with an experienced adoption attorney who can help them determine the correct legal process. Attorneys can advise adoptive parents on such matters as the legal rights of birth parents, how to properly terminate those parental rights or obtain a valid consent to the adoption, or how to negotiate and draft a contact agreement and order.
In sum, you must first find a child who is adoptable. You must then involve a reputable adoption agency to provide necessary support services. Lastly, you will need to confer with legal experts to determine the correct legal process.
What are the Different Kinds of Adoptions in Minnesota?
There are many different kinds of adoptions, including agency, state ward, direct placement or independent, step-parent, relative, and co-parent or second parent. The legal requirements and costs vary depending on the type of adoption being sought.
Step-parent Adoptions
The simplest type of adoption is the step-parent adoption. Unlike the other types of adoptions, step-parent adoptions do not require an adoption homestudy or post-placement report, and they do not require the same formalities that other adoptions require in obtaining a consent to the adoption by the other biological parent who is giving up his or her parental rights in order to allow the child to be adopted by the other parent and his or her spouse. If the other biological parent has disappeared or is against the idea of an adoption, a termination of parental rights (TPR) proceeding will need to be filed in addition to the adoption proceeding. In order for the other biological parent’s rights to be terminated, there must be a statutory basis to terminate his or her parental rights, which include failing to pay child support, abandonment, being palpably unfit to be a parent to the child, or the commission of certain serious criminal offenses.
Agency Adoptions
Another kind of adoption is an agency adoption, which can involve either a private or public agency in a state ward adoption. Private agency adoptions are adoptions organized and supervised by a private, licensed adoption agency. The agency will likely be involved in matching the adoptive parents with the child, and will provide an adoption homestudy, a post-placement report, the necessary criminal and child protection background checks, and will facilitate providing birth parent counseling, counseling services to the adoptive parents, and post-adoption services. Furthermore, agency adoptions that are done through county social services departments are referred to as state ward adoptions, which involve the placement and adoption of children in foster care.
Direct Placement Adoptions
Another common kind of adoption is a direct placement or independent adoption, where a biological parent independently locates and selects adoptive parents to adopt his or her child(ren). In direct placement adoptions, an adoption agency is involved, but they are generally retained to provide the limited services of preparing an adoption homestudy and possibly providing birth parent counseling and a post-placement report. These adoptions often involve more attorney involvement and frequently involve interstate placements. The adoption process in direct placement adoptions usually begins even before the child is born, with the adoptive parents working with an attorney to obtain a pre-birth, pre-adoptive custody order that will allow the child to leave the hospital with the adoptive parents and remain with the adoptive parents pending finalization of the adoption.
Co-parent Adoptions
Co-parent adoptions, also known as second parent adoptions, are similar to a step-parent adoption, but with added complications, in that they involve same-sex couples or couples who are unmarried. As with direct placement adoptions, these adoptions usually require an adoption homestudy and a pre-adoptive custody order. If the parties are related to the child, the homestudy and post-placement report may be waived, due to the relative status.
MINNESOTA ADOPTION ATTORNEYS
It is undeniable that the end result of an adoption is an exciting and rewarding time for everyone involved. However, the adoption process can be lengthy, tedious and complicated, and may vary depending on the type of adoption being sought. If you would like to adopt a child, you should not go through the process alone. You should contact an experienced adoption attorney, who can help you through the complicated legal process, while you can focus on the most important thing—bringing joy to a child’s life. If you have questions about the adoption process or are looking for assistance getting started, call the Minnesota family law attorneys at RAM Law to schedule a free consultation.