© 2006 Thomson Delmar Learning. All Right Reserved. CHAPTER 7 ADOPTION.

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Presentation transcript:

© 2006 Thomson Delmar Learning. All Right Reserved. CHAPTER 7 ADOPTION

© 2006 Thomson Delmar Learning. All Right Reserved. The purpose of adoption Define adoption Types of adoption Public v. private Voluntary parental surrender versus involuntary termination of the parental rights International Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. Types of adoption (continued) Independent – Identified – Designated – Collaborative Two ways adoptions are handled – Closed – Open ◦ Kinship adoption Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. The Story of an adoption Three steps in the adoption process – Find a child who is in need of adoption and the prospective parents – Ensuring all the legal requirements are met for terminating the existing parental rights – Successful incorporation into the new family Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. Last Hope for New Clients? Susan interviews the Mahoneys The stork delivers to a Law Office? Financial support Guidelines for all 50 states when dealing with an adoption Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. Meanwhile…Back with the Mahoneys The Mahoneys take required steps Adoption petition Requirements: – Name and address of the biological mother – A statement that the biological mother consents to the adoption – Name and address of the adoptive parents – Statement that the adoptive parents intend to adopt the child Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. Requirements: (continued) – Name and address of the biological father – Statement that proper notice and consent has been given by the father – Name, birth date, and location of the birth of the child – Notification made to any social services agencies involved – Certification by the adoptive parents that all of their statements are true Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. The necessary documents needed – Judicial surrender – Affidavit of father – Notice to father – Order for a preliminary and final hearing of adoption Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. Home Sweet Home?: Not Without a Home Study Report Home Study Report – Pre-placement – Post-placement The Final Hearing for the Mahoneys! Tears of Joy Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. What are the biological mother’s rights? Right to choose adoption or not Interlocutory decree of adoption issued in North Carolina What are the biological father’s rights? Notice of alleged paternity Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. Notification problems Five steps to be conducted if the biological father’s whereabouts are unknown – Post Office search – Driver’s registration search – Search military branches and prepare proof that the father is not in the military – Voter’s registration search – Place notices in the newspapers Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. Father fights adoption Read In re Petition of John Doe and Jane Doe Biological Parent verses Adoptive Parents Read In the matter of Baby Girl Clausen Termination of Parental rights Read Kingsley v. Kingsley Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. The Role Race Plays in Adoption Define the Indian Child Welfare Act The Interstate Compact on the Placement of Children The Interstate Compact Application Adults adopting adults Same sex adoptive parents Adoption Chapter 7

© 2006 Thomson Delmar Learning. All Right Reserved. Safe Haven for Abandoned Infants Can Adoption be Undone? Define irrevocable Define adoption agency negligence Read Roe v. Catholic Charities Adoption Chapter 7