Overview of adoption process
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Food for Thought
Judge of Probate Richard Dean
In Coosa County and throughout the state we have many grandparents, family members and others who have taken on the responsibility of raising children who are not their children.
The reasons are many and varied. Sometimes it is simply an economical reason. However, all too often this responsibility is inherited because of criminal activity of one or both parents.
Sometimes the Department of Human Resources asks someone to serve as foster parents or be temporary caregivers for minor children. It is not unusual for both parties to develop a loving bond that is more than temporary and hard for them to terminate. Many of these temporary/interim caregivers want to be more than temporary or interim parents to the children placed in their care.
The solution can be adoption. Adoption is the legal process by which a minor legally becomes the child of the adopting parent or parents. When the adoption process is completed, the adopted child obtains all the rights of a natural born child, including the right of inheritance.
Any adult or married couple jointly may adopt a minor child. Denying the adoption based on marital status, working outside the home, or age is strictly prohibited.
The specific steps involved in the adoption process vary slightly because of the specific circumstances, but generally involve the following items. The adoption process begins with the filing of a Petition of Adoption by the adopting parents. The Petition for Adoption may be filed in the probate court where the minor resides, where the petitioner resides or is in military service, or where the office of the agency or institution having guardianship or custody of the minor is located.
The court will normally order a pre-placement investigation be conducted by the Department of Human Resources or a Licensed Child Placing Agency. This pre-placement investigation determines the suitability of the petitioner(s) home in which the adoptee will be placed. The investigation will include a criminal background check and will focus on any other circumstances relevant to the placement of the adoptee. The pre-placement investigation is almost always required.
In addition, consents from the natural parents or a determination regarding the relinquishments of parental rights must be obtained and filed with the court. Minors may consent to the adoption of his or her child. However, before the court accepts a minor parent’s consent, a Guardian ad Litem (an attorney) must be appointed by the court to protect the minor parent’s interest.
Consent or relinquishment, once given, may only be withdrawn as stipulated by law. Any consent or relinquishment must be in writing and must be obtained from the following: 1) The adoptee if he/she is 14 years of age or older unless the adoptee is mentally incapable of giving consent. 2) The adoptee’s mother. 3) The adoptee’s presumed father if he meets the requirements as set forth in the Code of Alabama. 5) The agency to which the adoptee has been relinquished or which holds permanent custody of the minor if there is an agency. 6) The putative (assumed) father if he is made known by the mother or is otherwise made known to the court and if he complies with the Code of Alabama requirements and responds within 30 days to his notice of the pending adoption.
The court will appoint a Guardian ad Litem(s) to represent the interest of the minor to be adopted, any other minor involved in the adoption, or if the adoption is contested.
Next, if the child is not living with the prospective adopting parents, the court will order the placement of the adoptee with the petitioners. In addition, notice must be served to, or waivers obtained, from all parties entitled by law to notice of the pending adoption. If the adoption is by a stepparent or close family member with whom the adoptee has lived for at least one year, a pre-placement and/or post-placement investigation nor the accounting of the costs relating to the adoption are normally required. However, this is determined by the court.
This is followed by a post-placement investigation to ensure the adoptee and adopting parents are adjusting and functioning as a family. Parties involved must complete non-payment affidavits affirming the adopting parent(s) did not pay anyone or any agency any fees for bringing the parent(s) and child together.
There are specific expenses (e.g. maternity care for the mother) adopting parents may legally pay; however, potential adopting parents should consult an attorney before paying any fees to make sure they are not violating any State of Alabama laws. In addition, a full accounting of all expenses, fees, or services the adopting parent(s) or persons acting on their behalf will pay relating to the adoption must be filed with the court. This accounting is to affirm to the court that all financial transactions are legal.
Finally, a hearing will be conducted, and the court will make its ruling after hearing the facts of the case. If the court grants the adoption, an adoption order and final decree are issued by the court.
All hearings in adoption proceedings are held in closed court without admittance of any person other than interested parties and their counsel, except with permission granted by the court.
All adoptions are confidential. After the petition is filed and prior to the entry of the final decree, adoption records are open to inspection only by the petitioner(s) or his/her attorney, court appointed investigator, court appointed attorney for the adoptee, and any attorney retained by or appointed to represent minors in the case. Such records shall be open to other persons only upon order of the court after good cause is shown.
After the final decree of adoption is entered, all papers, pleadings and other documents pertaining to the adoption are sealed. These records are permanent court records and are withheld from inspection except as specifically provided by law. No person shall have access to such records except by order of the court in which the decree adoption was adopted.
Anyone desiring to open a sealed adoption record must show good cause to the court except as specifically provided by the Code of Alabama.
This is a brief look at the adoption process. As always, the information above is meant to inform and not to advise. No person should ever apply or interpret any law without the aid of an attorney who analyzes the facts of the case. Until next month, stay safe and be happy!
