Business, Legal & Accounting Glossary
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.
n. the taking of a child into one’s family, creating a parent to child relationship, and giving him or her all the rights and privileges of one’s own child, including the right to inherit as if the child were the adopter’s natural child. The adoption procedure varies depending on whether the child comes through an agency which handles adoptions or comes from a stranger or a relative, and on the age of the child and the adoptive parent or parents. The hopeful adoptive parent must file a petition, which may be handled by the adoption agency. Natural parents must either give binding written permission for the adoption or have abandoned the child for a lengthy period of time. An investigation will be made by a county office (probation or family services) as to the future parents’ suitability to adoption, their relationship status, their home situation, and their health, as well as the best interests of the child. If the child is old enough to understand the procedure he or she may have a say in the adoption. Finally, there is a hearing before a local court judge (called “surrogate” in some states) and an adoption order made. In many states, a new birth certificate can be issued, with the adoptive parents listed as the parents. If there is an adoption of an adult, the adopting adult usually must be several years older, based on the state law. In recent years, there has been much controversy over adoption by single parents, including gays and lesbians, with the tendency toward allowing such adoptions, provided all other criteria beneficial to the child are met.
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:
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.
A Chinese baby girl was given away for adoption.
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This glossary post was last updated: 26th April, 2020 | 1 Views.