Types of Adoption
There are a variety of legal aspects involved in adoption and having the support of a lawyer who can advise you on the law can be an invaluable asset during this time in your life. At Tully Rinckey PLLC, our team of family law attorneys are knowledgeable in the procedures and requirements surrounding adoption. We’ll make sure you understand the issues concerning your specific form of adoption.
We are able to guide you through the following types of adoption:
- Agency Adoption
- Open Adoption
- International Adoption
- Relative, Grandparent and Stepparent Adoption
- Second Parent Adoption
Adoptions through private or public social services agencies operate differently, but both work toward the same goal. Private agencies are usually run by charities and generally place children who are being surrendered to them by biological parents. Public agencies are run by the state and generally place children who are in foster care or have become wards of the state.
An open adoption takes place when the adoptive parents and birth parents connect with each other directly or through an intermediary. Either the adopting parents find a willing birth mother and begin the adoption process or the pregnant woman finds a family herself that she would like to adopt her child. The parties know who the natural and adoptive parents are and their identities are not sealed. Oftentimes, some form of periodic contact with or information about the child is provided to the natural parent who has otherwise surrendered their parental rights.
Adoptions can also be arranged with or without an agency’s help, but require the legal work to be completed by an attorney. In an open adoption, the birth mother knows who will be adopting the child. The two parties either meet or make contact via phone or letter before the actual adoption takes place. Adoptions of children from another state require compliance with the Interstate Compact. No child should be transferred over state lines without an attorney’s advice and full compliance with these laws.
Unlike domestic adoptions, international adoptions involve a child who is a citizen of another country. In these cases it is important to have legal guidance regarding the strict immigration requirements for adopting a child from a foreign country. International adoptions are commonly made from China, Korea, Russia, Eastern Europe, Central and South America, and India.
Relative, Grandparent and Stepparent Adoption
Most relative adoptions are grandparent adoptions or adoptions by stepparents, although aunts, uncles, cousins or other relatives may also adopt a child who is a member of their family. With these types of adoptions, the birth mother generally feels confident that the child will be safe and loved by the family member.
Second Parent Adoption
New York State recognizes the right for unmarried or same-sex couples to adopt absent another legal or biological tie to the child. Second parent adoption is a legal proceeding that allows the “second parent” to assume the same rights and responsibilities of the “first” (legal or biological) parent.