Sunday, December 7, 2008

A Look At the Adoption Process

By Gift Mabuza

Deciding to apply for adoption is not an easy decision to make as there are many aspects to discuss, some of the aspects that need addressing are those of suitability and the adoption laws. So if you are planning to adopt a child, it is imperative you have a knowledge of federal law and procedure. The process might be complex but that does not mean it cannot be overcome, just a few facts and ground rules can make all the difference when planning an application.

This is a permanent relationship that is created between one or two adults and a child formerly the son or daughter of someone else,it is quite normal for the child to have lost their parents and have no other surviving relatives to raise them. Because it is a legal process, it goes much further than simply making suitable family matches as parental rights and responsibilities are given to the adopting parents,the child will be given equal rights with any other child the person or couple may already have. The child becomes in effect a son or daughter to the person or couple adopting them with all the legal rights that entails, including inheritance.

The adoption process must be fair to all concerned, in particular the child, so before it is finalized, the real parents must be made known to the court, this is done, in part, to assure that it is fair and lawful, and capable of withstanding any external conflicts. Naming the biological parents is not always possible and is governed by state law,one frequent scenario consists of a child who is a ward of court, an orphan, or where the rights of their biological parents have been terminated by the courts. On situation that is not straightforward is where the real mother is very young, where after the adoption takes place, all rights of a parent are removed from her.

One Federal law that must be followed is the home study which must be completed by any person or couple who has decided to adopt with the United Statesthis is an obligatory process carried out in every US State. The home study is a document used to look into the background of the people adopting and their home environment, to ensure the child is being placed in a safe place. To ensure the safety of the child a social worker will carry out checks on any criminal record the applicants may have,this inspection also looks at medical records, and a physical visit to the home to ensure it is safe.

This home study is generally the final hurdle to be overcome and if it is approved then a child will be matched to their situation, then there will be another small delay before the child is finally placed with them. Before the process is complete the family judge must carefully consider all the information regarding the child, their real parents and the adoptive parents. Like any other legislation in the country, adoption laws are also constantly changing,in these circumstances it is worthwhile to keep informed of new laws and to know what is expected of an applicant in the state where you live.

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