A court procedure by which an adult becomes the legal parent of someone who is not his or her biological child. Adoption creates a parent-child relationship recognized for all legal purposes — including child support obligations, inheritance rights and custody.
- The act of adopting, or state of being adopted; voluntary acceptance of a child of other parents to be the same as one's own child.
- Admission to a more intimate relation; reception; as, the adoption of persons into hospitals or monasteries, or of one society into another.
- The choosing and making that to be one's own which originally was not so; acceptance; as, the adoption of opinions.
- Transfer between an old system to another (usually better) system.
Adoption is a legal process through which a person or a couple becomes the legal parent(s) of a child who is not biologically related to them. It involves the termination of the parental rights of the child’s biological parents and the establishment of new legal parent-child relationships.
The process of adoption varies depending on the jurisdiction, but generally involves several steps. These may include a home study, where a social worker assesses the prospective adoptive parents’ suitability to adopt, background checks, and interviews. The adoptive parents may also need to attend adoption education and training sessions.
Once the adoption is finalized, the adoptive parents assume all legal rights and responsibilities for the child, including providing for their care, support, and education. The child also gains the same legal rights and privileges as if they were born to the adoptive parents.
Adoption laws aim to ensure the best interests of the child are protected throughout the process. They typically require the consent of the biological parents, unless their parental rights have been terminated due to abandonment, abuse, or neglect. In some cases, the court may also consider the child’s preferences, especially if they are of a certain age or maturity level.
Adoption can be a complex and emotional process, and it is important to seek legal advice and guidance to navigate the legal requirements and ensure compliance with applicable laws and regulations.
Under English law (Adoption Act1976; Children Act 1989), an adoption order anulls all rights and responsibilities of a child’s original parents, and vests them in the adopters.
The child is then deemed to be the legitimate child of the adopters; he or she has the same rights of inheritance as any natural children the adopters may have. Any person under the age of 18 is eligible for adoption, but in practice, most adoptions are of young children. The adoption of female children is subject to the same regulations as for males, with the exception that a single man may not adopt a girl. Otherwise, a married couple — domiciled in the UK Domicile — may apply to adopt jointly, and anyone to adopt singly, subject to the following requirements:
At least one adopter is 25 years of age, or at least one adopter is over 21 years of age and related to the adoptee, or one adopter is a parent of the child. This last point deals with the adoption of an illegitimate child by a parent and someone else. Note that adoption by married couples is the only form of joint adoption allowed in English law.
Adoption orders can be granted by most civil courts. Normally the order will be granted if:
- the court is satisfied that the adopters are suitable,
- and the natural parents consent, or their consent can be dispensed with (if, for example, they have abandoned or neglected the child]],
- and the spouse of a sole adopter consents.
On the whole, the court will attempt to treat the needs of the child as the overriding concern. The natural parents cannot `unreasonably’ withhold consent, but the court may consider such factor as, for example, religious preference a `reasonable‘ case for allowing the natural parents to withhold.
Q: What is adoption? A: Adoption is the legal process through which a person or couple becomes the legal parent(s) of a child who is not biologically their own. Q: Why do people choose adoption? A: People choose adoption for various reasons, including infertility, a desire to provide a loving home to a child in need, or to expand their family through non-biological means. Q: Who can adopt a child? A: The eligibility criteria for adoption vary depending on the country and jurisdiction. Generally, individuals or couples who are over a certain age (usually 18-21 years old), financially stable, and able to provide a safe and nurturing environment for a child can adopt. Q: Can same-sex couples adopt? A: Yes, same-sex couples can adopt in many countries. Adoption laws and regulations differ across jurisdictions, but many have recognized the rights of same-sex couples to adopt and provide a loving home for a child. Q: How long does the adoption process take? A: The length of the adoption process can vary greatly depending on several factors, including the type of adoption (domestic, international, foster care), the country or agency involved, and the specific circumstances of the adoptive parents and child. It can take anywhere from several months to several years. Q: How much does adoption cost? A: Adoption costs can vary significantly depending on the type of adoption and the country or agency involved. Expenses may include application fees, home study fees, legal fees, travel expenses, and more. It is advisable to research and consult with adoption agencies or professionals to get a better understanding of the costs involved. Q: Can I adopt if I already have biological children? A: Yes, having biological children does not necessarily disqualify someone from adopting. Many families choose to adopt to expand their family or provide a sibling for their biological child. Q: Can I choose the child I want to adopt? A: The level of choice in adoption varies depending on the type of adoption. In some cases, prospective adoptive parents can specify preferences regarding the age, gender, or background of the child they wish to adopt. However, it is important to note that the best interest of the child is always the primary consideration in the adoption process. Q: What is an open adoption? A: An open adoption is an arrangement where the birth parents and adoptive parents have some form of ongoing contact and communication. This can include exchanging letters, photos, or even occasional visits
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 28th March, 2024.
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