Adoption Attorneys
Every year, approximately one and a half million children are adopted in the United States. Adopting a child can be one of the most rewarding experiences of someone’s life. In addition to healthy infants, there are many children with special needs, including physical, emotional, or mental disabilities, who need families. If you are interested in adopting a child, it is very important to have experienced legal representation. At Russakow / Greene & Tan, our family law attorneys can assist you in making your dreams of adoption come true.
What is Legal Adoption?
Adoption in California is a legal procedure where all of the rights and responsibilities of raising and caring for the child are turned over from the biological (or birth) parents to the adoptive parents. Federal and state laws that apply to adoption require that certain steps be followed in order to finalize adoption, including getting the consent of the birth parents. After the adoption is complete, the new parents are the only parents recognized by California law, and they must adequately provide for the child’s needs. The birth parents no longer have any obligation toward or rights regarding the child.
Types of Adoption
There are several types of adoption recognized under California law. The most common types include the following:
- Open adoption: In this type of adoption the biological and adoptive parents agree to some degree of contact after the adoption is completed.
- Closed adoption: This is the traditional form of adoption where the adoptive parents do not meet the birth parent(s) and no personal information is exchanged (except possibly for medical records or general biographical summaries of the biological parents).
- Adult adoption: This is an adoption of a person who is 18 years or older. This commonly occurs in foster family situations. The birth parents are not required to consent to an adult adoption.
- Stepparent adoption: This is the most common type of adoption. An adult married to the biological or adoptive parent of the child adopts the child in order to have a legal parent/child relationship.
- International adoption: This is an adoption by parents who are American citizens of non-American children from another country. This type of adoption can be very complex, as it requires compliance with regulations of both domestic and foreign governments. International adoptions of girls born in China are becoming more common.
Who can Adopt?
In general, anyone over the age of 18 and who is capable of supporting a child can adopt. However, there are a number of restrictions and to successfully adopt a child, the adoptive parent(s) must meet the requirements established by the State of California, by adoption agencies (if used), and even by the birth parent(s). For example, an adoption agency may decline people who are over a certain age or the birth parents may stipulate that they do not want a single parent to adopt their child. Finally, all adoptions must be approved by the court.
Who Handles Adoptions?
There are several ways for adoptions to be handled. They include the following:
- State agencies: California (and every other state) has its own agency for adopting children. Most often, these children have been removed from abusive homes and may have spent time in the foster care system.
- Private agencies: Adoption agencies, such as the Children’s Home Society of California, are private organizations but are regulated by the state. These agencies can be for profit or non-profit and can set their own criteria for adoption.
- Independent adoption: This is the most common type of adoption procedure. The birth parents have complete control over who the adoptive parents will be and allow the biological parents to determine how involved they will be in the adoptee’s life. Many California adoption attorneys provide independent adoption assistance.
California Adoption Attorneys
Whichever type of adoption you are considering, it is essential to have an experienced attorney to assist you and represent your rights. The adoption process can become complex. The experienced adoption attorneys at Russakow / Greene & Tan can guide you through any conflicts which may arise and we will do everything possible to make your adoption a lifelong success.
