Adoption is more than the process of physically bringing a child into a home and legally creating a parent-child relationship; it is the permanent creation of a family. The legal procedure for adoption varies depending on the avenue in which you pursue adoption, such as through private attorneys, a private adoption agency, or a public adoption agency. 

To begin the adoption process, the prospective adopting parent(s) must first complete a "home study." A home study is be completed by an adoption assessor either through an adoption agency or through the Probate Court in the county in which the adoption will be finalized. An Adoption matter can be finalized in one of three counties, either the county in which the birth parent(s) reside, the county in which the child is born or the county in which the adopting parent(s) reside. The home study has a number of requirements , including, but not limited to, the following: a criminal background check, a home visit, providing financial information, a letter from a physician stating that the adopting parent(s) are in good health, and five letters of recommendation from family members and/or friends.   

Birth parent(s) cannot terminate their rights until 72 hours after the birth of the baby and 72 hours after they have met with an adoption assessor.  However, birth parent(s) are able to meet with an adoption assessor any time prior to the birth of the baby.  Part of the responsibility of the adoption assessor is to obtain the social and medical history of the birth parent(s).

After a match is made between the adopting parent(s) and the birth parent(s) and after the birth parent(s) terminate their rights, then the adopting parent(s) file a Petition for Adoption with the probate court.  The child has to be in the home of the adopting parent(s) for at least six months before an adoption can be finalized.  Therefore, the final adoption hearing is scheduled six months from the date that the child is placed in the home of the adopting parent(s).   Once the adoption is finalized, a new birth certificate is issued listing the adopting parent(s) as the child’s parent(s).  The original birth certificate is permanently sealed and no longer available to the public.

Adoption can be a challenging but wonderful process for families. The most important issue in an adoption is the child’s best interest. The attorneys at Isaac, Brant, Ledman and Teetor understand this balance, and we use our resources to ensure that the legal requirements as well as a child’s best interest are met in the adoption process.

Our attorneys who practice in this area

• Danielle Skestos