How Does Adoption Work?
Adoption creates a permanent legal parent-child relationship. The main steps are choosing a type of adoption, completing a home study, being matched with a child, ending the birth parents' rights by consent or court order, a placement period, and a court hearing that finalizes the adoption. Costs range from little or nothing for foster care adoption to tens of thousands of dollars for private and international adoptions.
Adoption transfers all parental rights and responsibilities to the adoptive parents, permanently (Cornell LII).
Types of adoption
| Type | Overview |
|---|---|
| Foster care adoption | Adopting a child in state custody whose parents' rights were terminated; usually low cost, sometimes with ongoing subsidies |
| Agency adoption | A licensed private agency handles birth parent services, matching and home study |
| Private (independent) adoption | Arranged directly with birth parents, usually through an attorney |
| Stepparent adoption | A spouse adopts their partner's child; see stepparent adoption |
| Relative (kinship) adoption | Grandparents or other relatives adopt |
| International adoption | Adopting from another country under its laws and US immigration rules |
The main steps
- Choose a path and research licensed agencies or attorneys.
- Home study: a social worker evaluates your home, finances, health, background checks and readiness to parent.
- Matching: with a child in foster care or birth parents.
- Consent or termination: birth parents must consent, or a court must terminate their rights. State laws set when consent can be given after birth and whether, and for how long, it can be revoked.
- Placement and supervision: the child lives with you while the agency checks in, often for several months.
- Finalization: a judge holds a hearing and issues the adoption decree. A new birth certificate is usually issued.
Costs and help
Foster care adoption is often low cost and may come with monthly adoption assistance. Federal law offers an adoption tax credit for qualified expenses, with income limits (IRS). Some employers offer adoption benefits.
The child's rights
Children over a certain age, often 12 or 14, must consent to their own adoption in many states.
Interstate placements
If the child is from another state, the Interstate Compact on the Placement of Children must approve the placement before you bring the child home.
Open adoption
Many adoptions include ongoing contact with birth families. Enforceability of contact agreements varies by state.
An adoption attorney or family lawyer protects the legal finality of the adoption, which matters for the child's security. See also guardianship as an alternative when adoption is not possible.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.