Given the prevalence of divorce, substance abuse, mental health issues, and economic hardship, the sad reality is that many parents find themselves in circumstances where they are unable or unwilling to provide for and raise their children. Sometimes, parents may search for a solution to their dire circumstances, and hope to find a good family who can adopt and raise their child, but don’t know where to start. Other times, parents have arranged for their child to live with a friend, colleague, or relative, either temporarily, permanently, or indefinitely. That friend, colleague, or relative may have been providing for that child’s every financial and emotional need for months or even years, and that child may even view that person as a parental figure.

In such cases, adoption may be the most prudent way to assure the legal security of the child and protect the caregiver’s (or prospective caregiver’s) ability to raise the child (for example, making educational and medical decisions for the child). It is imperative that the parties enlist the assistance of an adoption entity (which can be either a licensed attorney or licensed adoption agency) to facilitate the adoptive placement of the child. If the prospective adoptive family and the child are not related within the third degree of consanguinity, then the prospective adoptive family must complete a home study as a precondition to adopting the child, even if the child is already in the adoptive family’s care. The adoption entity can take the birth parents’ consents to adoption, which in the case of a child older than 6 months of age, are irrevocable after three business days from execution, absent fraud or duress. The birth parents will also be asked to complete forms detailing their social and medical history and to authorize access to the child’s medical records. The information and medical records will be provided to the adoptive parents; if the adoptive placement is confidential and non-identified, then the information and records will be redacted to remove confidential information.

If you are interested in adopting a child who is contemplated to be or who has already been in your care, or if you are a birth parent interested in placing your older child for adoption, please contact us to arrange a consultation.