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Adoption, Black’s Law Dictionary (10th ed. 2014); 2 Am. Jur. 2d Adoption § 1 (database updated May 2018).
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1What is adoption?
What is adoption?2Are adoptions carried out through court proceedings?
Are adoptions carried out through court proceedings?3Once an adoption is finalized, do the birth parents retain any parental rights or responsibilities regarding the adopted child?
Once an adoption is finalized, do the birth parents retain any parental rights or responsibilities regarding the adopted child?4In general, do state courts or federal courts have jurisdiction over adoption cases?
In general, do state courts or federal courts have jurisdiction over adoption cases?5Must states recognize valid adoption decrees issued in other states?
Must states recognize valid adoption decrees issued in other states?6A couple legally adopted a child in their home state, pursuant to a valid court proceeding. Two years later, the couple and the child moved to a ne...
A couple legally adopted a child in their home state, pursuant to a valid court proceeding. Two years later, the couple and the child moved to a new state. The birth mother of the child resided in the new state. She filed a petition for custody of the child, asking the court to ignore the original state’s adoption order. Will the birth mother prevail?7Does the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) contain provisions on jurisdiction in adoption cases?
Does the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) contain provisions on jurisdiction in adoption cases?8What is the main principle that determines jurisdiction under the UCCJEA?
What is the main principle that determines jurisdiction under the UCCJEA?9What is the Uniform Adoption Act (UAA)?
What is the Uniform Adoption Act (UAA)?10Under the UAA, under what circumstances does a state have jurisdiction over an adoption?
Under the UAA, under what circumstances does a state have jurisdiction over an adoption?11Under the UAA, what is the appropriate venue in an adoption case?
Under the UAA, what is the appropriate venue in an adoption case?12What is the Indian Child Welfare Act (ICWA)?
What is the Indian Child Welfare Act (ICWA)?13Under what circumstances does the ICWA give a tribal court exclusive jurisdiction over the adoption of a Native American child?
Under what circumstances does the ICWA give a tribal court exclusive jurisdiction over the adoption of a Native American child?14A married couple wished to adopt a Native American infant who lived on a tribal reservation. The couple wished to petition to adopt the infant unde...
A married couple wished to adopt a Native American infant who lived on a tribal reservation. The couple wished to petition to adopt the infant under the laws of the state in which they lived, which was adjacent to the tribal reservation. May the couple petition to adopt the infant in a state court?15What is the Interstate Compact on the Placement of Children (ICPC)?
What is the Interstate Compact on the Placement of Children (ICPC)?16Under the ICPC, what general steps are required to send a child from one state to be adopted in another state?
Under the ICPC, what general steps are required to send a child from one state to be adopted in another state?17What is the difference between an open adoption and a closed adoption?
What is the difference between an open adoption and a closed adoption?18What role do public adoption agencies play in the adoption process?
What role do public adoption agencies play in the adoption process?19What role do private adoption agencies play in the adoption process?
What role do private adoption agencies play in the adoption process?20What role do independent placements play in the adoption process?
What role do independent placements play in the adoption process?21What are the three primary methods by which adoptions are arranged?
What are the three primary methods by which adoptions are arranged?22Must adoptions go through the court system regardless of whether they involve public agencies, private agencies, or independent placements?
Must adoptions go through the court system regardless of whether they involve public agencies, private agencies, or independent placements?23Do adoptions typically require an evaluation of the prospective adoptive parents?
Do adoptions typically require an evaluation of the prospective adoptive parents?24In general, how are prospective adoptive parents evaluated for adoption placements?
In general, how are prospective adoptive parents evaluated for adoption placements?25If a child in an agency adoption has been placed in the adoptive home pending final adoption, but the adoption is ultimately unsuccessful, where do...
If a child in an agency adoption has been placed in the adoptive home pending final adoption, but the adoption is ultimately unsuccessful, where does the child go when he leaves the prospective home?26A husband and wife were trying to adopt a child using a state-licensed adoption agency. During the process of evaluating the couple as adoptive par...
A husband and wife were trying to adopt a child using a state-licensed adoption agency. During the process of evaluating the couple as adoptive parents, the agency requested access to make a home visit. The couple refused to allow the visit. The state’s adoption laws required home visits for agency adoptions. The agency, citing state law, informed the couple that it would not send the couple any potential adoptive children because the couple refused the home-visit portion of the evaluation. The couple objected, arguing that a home visit would invade their privacy and could not be required.May the couple adopt a child from the agency without a home visit?27A couple wished to adopt a child without using an adoption agency. The couple had identified a pregnant woman who wished to surrender her baby dire...
A couple wished to adopt a child without using an adoption agency. The couple had identified a pregnant woman who wished to surrender her baby directly to the couple after the baby was born. The baby’s father had agreed to this independent adoption as well. The state follows the UAA. May the couple proceed with the independent adoption?28In general, does the adoption of a child require the consent of both birth parents?
In general, does the adoption of a child require the consent of both birth parents?29In general, are there circumstances in which the biological parents’ consent is not required for an adoption?
In general, are there circumstances in which the biological parents’ consent is not required for an adoption?30In general, if a woman has a child while married and wishes to surrender the child for adoption, is her husband’s consent required before the surre...
In general, if a woman has a child while married and wishes to surrender the child for adoption, is her husband’s consent required before the surrender can be legally valid?31In general, may adoptive parents pay the birth parents for an adoption?
In general, may adoptive parents pay the birth parents for an adoption?32In general, if a child is born out of wedlock, and the father has made no attempt to create a substantial relationship with the child, does adoptio...
In general, if a child is born out of wedlock, and the father has made no attempt to create a substantial relationship with the child, does adoption of the child require the father’s consent?33In general, if a child is born out of wedlock, and the father has attempted to create a substantial relationship with the child, does adoption of t...
In general, if a child is born out of wedlock, and the father has attempted to create a substantial relationship with the child, does adoption of the child require the father’s consent?34If an illegitimate child is an infant, under what circumstances will the father’s consent be necessary to permit an adoption?
If an illegitimate child is an infant, under what circumstances will the father’s consent be necessary to permit an adoption?35Under what circumstances does the Uniform Parentage Act (UPA) allow a birth mother to consent to the adoption of her child without the consent of t...
Under what circumstances does the Uniform Parentage Act (UPA) allow a birth mother to consent to the adoption of her child without the consent of the child’s biological father?36In general, must a birth parent’s consent to an adoption be in writing?
In general, must a birth parent’s consent to an adoption be in writing?37If a birth parent’s consent to adoption does not comply with the state’s formal requirements, may the birth parent challenge a subsequent adoption?
If a birth parent’s consent to adoption does not comply with the state’s formal requirements, may the birth parent challenge a subsequent adoption?38In general, may a birth parent revoke a voluntary-consent-to-adoption form within a specified time period?
In general, may a birth parent revoke a voluntary-consent-to-adoption form within a specified time period?39In general, may a birth parent’s consent to adoption be revoked if it was obtained by fraud or duress?
In general, may a birth parent’s consent to adoption be revoked if it was obtained by fraud or duress?40Do some states allow a birth parent to revoke consent to adoption upon a finding that revocation is in the best interests of the child?
Do some states allow a birth parent to revoke consent to adoption upon a finding that revocation is in the best interests of the child?41A mother and father were the biological parents of a five-month-old child. The father had terminated all contact with the mother when she told him ...
A mother and father were the biological parents of a five-month-old child. The father had terminated all contact with the mother when she told him that she was pregnant, and he had never seen the child. The mother consented to the child’s being adopted. The father never registered with the state agency maintaining the paternity registry. The state has adopted the UPA. May the mother surrender the child for adoption without the father’s consent?42A mother and father were the biological parents of a child. When the child was five days old, the mother and father signed voluntary-consent-to-ado...
A mother and father were the biological parents of a child. When the child was five days old, the mother and father signed voluntary-consent-to-adoption forms agreeing that another couple could adopt the child. The state allows parents to revoke their consent to adoption within 10 days. No fraud or duress was involved in getting the mother and father to sign the adoption consent forms. After the child’s adoption was finalized three months later, the mother and father petitioned to revoke their consent-to-adoption forms and regain custody of the child.Will the mother and father succeed?