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Why do people choose adoption?
People place children for adoption for a variety of reasons including finances, age, stability, emotional issues, or a desire to give their child opportunities they are currently unable to provide.
In the matter of adoption, who is the competent party to consent?
In all states, the birth mother and the birth father, if he has properly established paternity, hold the primary right of consent for adoption of their child. When neither birth parent is available to give consent, the responsibility can fall to other legal entities, such as a person or an agency which has custody of the child, a guardian or guardian ad litem, the court having jurisdiction over the child, a close relative of the child, a “next friend” of the child, who is a responsible adult appointed by the court. A Nevada adoption lawyer can help you understand which is the competent party to consent in an adoption case.
When can a birth parent's parental rights be terminated?
Each state has different laws which govern when a person's parental rights may be terminated. In Nevada, parental rights may only be terminated upon a clear and convincing proof of the child's best interests and parental fault. Parental fault may include many things such as criminal activity to the abandonment of the child.
What is the legal position in various states regarding the consent of children to be adopted?
Nearly all states require that older children give consent to their adoption. Approximately 24 states, the District of Columbia, and the Virgin Islands set the age of consent at 14 years; 18 states, American Samoa, and Guam at 12 years; and 7 states, the Northern Mariana Islands, and Puerto Rico require consent of children age 10 years and above. In some states, the requirement can be dispensed with if the child lacks the mental capacity to consent or the court finds it in the best interest of the child to dispense with consent. In Nevada, children over the age of 14 years must agree to the adoption. A Las Vegas adoption attorney can help you understand the consent of children to be adopted.
How is consent executed?
The manner in which consent can be executed varies considerably from state to state. In many states the District of Columbia, and the U.S. territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, consent may be executed by a written statement witnessed and/or notarized by a notary public. Other states may require an appearance before a judge or the filing of a petition of relinquishment. Some states require that the parent be provided with counseling, so as to have his or her rights and the legal effect of relinquishment explained to him or her, or is provided with legal counsel prior to consent. In cases in which custody has previously been placed with an agency, the head of the agency may sign an affidavit of consent.
In Nevada, a consent must be signed by two witnesses and must also be notarized. Unless, the adoption is an intra-family adoption, one of the witnesses must be a licensed social worker.
How the law treats the consent of a birth parent who is a minor?
In most states a birth parent who is a minor is treated no differently than other birth parents. However in some states the minor parent must be provided with separate counsel prior to execution of consent, or a guardian ad litem must be appointed to either review or execute the consent. In six states, Guam, and Puerto Rico, the consent of the minor's parents must be obtained.
In Nevada, under-age birth parents may consent to an adoption without parental approval or notification. Upon reaching the age of maturity, a birth parent may not change his or her mind about a consent for adoption given previously. A Nevada adoption attorney can help you understand the consent of a minor birth parent.
Is the consent revocable?
The noble purpose behind adoption is to create a permanent and stable home for a child and hence, a validly executed relinquishment and consent to adopt is intended to be final and irrevocable. As a result, the right of a birth parent to revoke consent is strictly limited. States like Mississippi, Nebraska, American Samoa, and the Virgin Islands make no provisions in statutes for revocation of consent, and Massachusetts and Utah specifically require that all consents are irrevocable. In most states the law provides that consent may be revoked prior to the entry of the final adoption decree under specific circumstances or within specified time limits. Consents and relinquishments for adoption are irrevocable upon signing in Nevada. A Nevada adoption lawyer can help you understand the revocation of consent in an adoption case.
What are the situations in which consent can be set aside?
The circumstances under which a consent for adoption may be set aside include consents obtained by fraud, duress, undue influence or coercion. Consent may also be revoked if the birth parents and adoptive parents mutually agree to withdraw the consent.
What is open adoption?
Open adoption is an adoption that allows for an ongoing relationship among the birth family, adoptive family, and adoptee. Fully open adoptions can often include extended family members such as birth grandparents and siblings. This often includes regular exchange of photos and letters.
Are there always contacts between
the parties after an adoption?
While open adoptions may be agreed upon by the parties, they are not required. The amount of contacts, if any, between the birth parents and the adoptive family are mutually agreed upon. Some birth parents want to have assurance that their adoption decision was in their child's best interests. A contact agreement, where the adoptive parents agree to provide contacts such as pictures, e-mails, etc. from time to time provides that peace of mind to the birth parents.
Adopting a child is a special occasion for a family,
but care must be taken to ensure that the overall adoption
process goes smoothly and that all legal areas are attended
to. Eric A. Stovall is a Nevada adoption attorney who can
assist in the many facets of a Nevada adoption. If you are
considering adopting a child, contact Nevada
adoption lawyer Eric A. Stovall for an initial consultation.
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Reno
