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Adoption can be complicated. The seriousness and the potential for abuse make very clear adoption laws necessary. If you are considering adoption, you should be familiar with the general legal areas, but it is important to consult an adoption professional for specifics. Different states have different adoption laws, and these laws change from time to time, making this imperative.

Most states use the Uniform Adoption Act as a basis for their laws. Since the right to adopt is not guaranteed by the U.S. Constitution, states can decide to exclude certain groups or types of people from adopting. For instance, some states do not allow gay or lesbian couples to adopt; other states exclude single parents. So, you do not have an inherent legal right to adopt.

A private adoption, that is an adoption not through an agency, can have more legal issues to consider. If a birth mother has chosen you to adopt her not-yet-born baby, there are laws regulating how much money you can contribute to her prenatal care. Some states allow you to pay for medical expenses only; others allow you to compensate her for lost wages and counseling fees. Some states specifically prohibit paying certain expenses, such as permanent housing or educational expenses. The only way to know what you are allowed to do is to check with an attorney before you pay out any money.

Understand that birthfathers also have legal rights. An attorney can make sure that the proper permissions are in place before adopting, so that a tragic situation does not develop.

Interstate adoptions, that is adopting from a state you do not live in, also has special laws. Some states require that you stay in the state where the baby or child is born or placed for adoption, until permission is given to leave. This waiting time can be days, weeks, or months. This is important information to have before deciding on an out-of-state adoption.

International adoptions involve the laws of the country of origin of the child, as well as state and Federal Laws. Dealing with an experienced international agency and attorney is vital.

There are many laws relevant to finalizing an adoption. Some states require both parents to be at the finalization hearing. Some states require a supervisory period and a report from a supervising social worker.

Following proper legal procedures can help ensure a happy adoption outcome.

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13y ago

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