What Constitutes Adoption Law?

Each country or state has its set of adoption laws.

Many are similar, but they should be carefully researched before a party enters into an adoption, either as a birth parent or adoptive parent.

Adoption has several laws that must be followed completely.

Approval

The issue of consent has several requirements and caveats.

There are many issues which require a case-by-case determination regarding who must give consent for the adoption to take place.

Unless numerous other caveats as structured in the statutes are met, both parents giving up the child for adoption must give their consent.

The consent for adoption cannot be given during a period that is less than 12 hours after the child's birth and must be executed within 6 months of the date the adoption petition is filed.

Children of sound intellect aged 14 and above must give their consent to be adopted and consent must be in writing and acknowledged before a judge in a court.

After consent is executed and therefore finalized, consent cannot be revoked unless the party in question can prove by clear and convincing evidence that permission was not given freely and voluntarily.

Records

Adoption records can be located through the Department of Children and Family Services.

An adopted adult may access to all adoption file information about themselves, including the birth parents, who are frequently referred to as biological parents.

Information that identifies the adoptive parents cannot be shared with the birth parents without the former's permission.

The adopted child's birth certificates are always sealed and only the allowed registrar can open this document by order of the court or at the request of the adult adoptee.

Access

In the event of a medical or health necessity, the Social and Rehabilitation Services may contact the adoptive parents of a minor adoptee if one of the birth parents so requests.

Parties

According to adoption laws, any adult person can adopt and any minor child or any adult is eligible to be adopted.

One of many parties may place a child for adoption, including the child's parent or parents, a legal guardian or a person given authority in the parents' place or an agency permitted to place children.