Adoption Flashcards
What is adoption?
a legal proceeding terminating the relationship between the child and his biological parents (if necessary) and establishing a new relationship between the child and his adoptive parents. Adoption is purely statutory
Under the Uniform Adoption Act, who has jurisdiction?
the court has jurisdiction if 1) the child lived in the state with a parent or somone acting as a parent for six months before the proceeding; 2) the prospective adoptive parent lived in that state for six months before the proceeding and substantial evidence concerning the childs care is in the state, 3) the agency that placed the child for adoption is located in the state and it is in the childs best interest that the court assume jurisdiction because the child and the childs parents have a significant connection with the state.
What is the appropriate venue?
most states require that the person seeking to adopt be a resident of the county where the petition is filed. Some states permit filing in the county where the child resides or where the office of the child placement agency is located.
Whose consent is required?
The consent of the childs natural birthparents is generally required, but the father’s consent may not be necessary if the parents are unmarried.
When is parental consent not necessary?
if parental rights have been terminated, it is being unreasonably withheld against the best interest of the child (entitled hearing and notice)
What are the rights of a unmarried father?
depends on the level of involvement with the child, such as whether he lived with and cared for the child, or visited the child regularly, admitted paternity, or paid child support. For a newborn, it depends on his manifestations of parental responsability.
Must prospective adoptees over 12 consent to their own adoption?
Yes
Can consent be withdrawn?
only prior to a adoption decree if the court finds that it is in the best interest of the child.
Is payment of money prohibited?
yes
Are adoption proceeding records confidential?
Yes.
