Adoption

Adoption in United States

Contents:

Adoption Definition

The act by which a person takes the child of another into his family, and treats him as his own. A juridical act creating between two persons certain relations, purely civil, or paternity and filiation. 6 Demolombe Code Nap. § 1. As used in the law the word has a strict significance and implies some form of legal procedure. 201 111. 116.

Adoption in Foreign Legal Encyclopedias

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Adoption Adoption in the European Legal Encyclopedia.
Adoption Adoption in the Asian Legal Encyclopedia.
Adoption Adoption in the UK Legal Encyclopedia.
Adoption Adoption in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Adoption

Scan Adoption in the appropriate area of law:

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Adoption Adoption in the Family Law Portal of the American Encyclopedia of Law.
Adoption Adoption in the IP Portal of the American Encyclopedia of Law.
Adoption Adoption in the Commercial Law Portal of the American Encyclopedia of Law.
Adoption Adoption in the Criminal Law Portal of the American Encyclopedia of Law.
Adoption Adoption in the Antritrust Portal of the American Encyclopedia of Law.
Adoption Adoption in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Adoption Adoption in the Constitutional Law Portal of the American Encyclopedia of Law.
Adoption Adoption in the Tax Law Portal of the American Encyclopedia of Law.
Adoption Adoption in the and Finance and Banking Portal of the American Encyclopedia of Law.
Adoption Adoption in the Employment and Labor Portal of the American Encyclopedia of Law.
Adoption Adoption in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Adoption Adoption in the Environmental Law Portal of the American Encyclopedia of Law.

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Adoption in the Dictionaries Adoption in our legal dictionaries
https://lawi.us/adoption The URI of Adoption (more about URIs)
Adoption related entries Find related entries of Adoption

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Legal Issue for Attorneys

The act by which a person takes the child of another into his family, and treats him as his own. A juridical act creating between two persons certain relations, purely civil, or paternity and filiation. 6 Demolombe Code Nap. § 1. As used in the law the word has a strict significance and implies some form of legal procedure. 201 111. 116.

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Notice

This definition of Adoption Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Adoption as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A court procedure by which an adult becomes the legal parent of someone who is not the adult’s biological child.

Practical Information

Note: Some of this information was last updated in 1982

The taking and receiving as one’s own that to which one bore no proper relation, colorable or otherwise. The act of taking another’s child into one’s own family, treating the child as one’s own, and giving the child all the rights and duties of one’s own child. Adoptions are made legal by making application to the probate court for the right to adopt. Adoptions are usually very secret and in the case of infants, the adoptive parents do not usually know the original surname of the infant they are adopting.

(Revised by Ann De Vries)

What is Adoption?

For a meaning of it, read Adoption in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Adoption.

Adoption, Race, and the Constitution

United States Constitution

According to theEncyclopedia of the American Constitution, about its article titled ADOPTION, RACE, AND THE CONSTITUTIONSince Massachusetts enacted the first “modern” state adoption statute in 1851, adoption in the United States has been both a state judicial process and a child welfare service to promote the “best interests” of children in need of permanent homes. State law and
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Adoption Explained

References

See Also

  • Marriage
  • Family
  • Visitation

Main Elements

Adoption Defined

Adoption law provides a means for parents to voluntarily assume the legal rights and responsibilities of a child not born to them. Following an adoption, all legal ties between the child and the birth parents are permanently severed.

Termination of Parental Rights

Before an adoption degree can be entered, the parental rights of the birth mother and father must be terminated. This allows those same rights to be conferred upon the adoptive parents, and it prevents the birth parents from attempting to exercise control over the child at a later time.

Open vs. Closed Adoptions

A common question of those considering an adoption concerns who will have the right to have contact with the child once the adoption is final. The answer is that, just like natural parents, the adoptive parents will have complete authority to decide the matter.

Adoption by a Stepparent

Marriage can involve more than the union of two adults. When one of the spouses has children from a previous relationship, the marriage creates a new family, and the other spouse may come to love and care for the children as though they were his or her own.

Working with an Adoption Lawyer

If the people affected or interested are considering an adoption, working with an attorney can make the process go more smoothly. Hiring legal counsel is particularly important if the people affected or interested expect the birth parent whose rights will be terminated to be uncooperative.

The United States Adoption Laws

Overview of adoption laws in the United States, including details about the types of adoption allowed in the United States, the statute of limitations to challenge adoption, who is eligible for adoption and home residency requirements in the United States. There is also information on second parent adoption.

Finding the law: Adoptions in the U.S. Code

A collection of general and permanent laws relating to adoptions, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines adoptions topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Resources

See Also

  • Legal Topics.
  • Child Custody; Child Support; Children’s Rights; Family Law; Illegitimacy; Infants; Parent and Child; Surrogate Motherhood.

    Adolescent Parenthood; Children’s Rights; Family Law; Gay Parents; Lesbian Parents; Orphans; Single-Parent Families

    Further Reading (Books)

    atkin, b. (1997). “dealing with family violence: familylaw in new zealand.” in the international survey of family law 1995, ed. a. bainham. the hague, netherlands: kluwer law international.

    bartholet, e. (2000). “international adoption: overview.”in adoption law and practice, ed. j. heifetz hollinger. new york: lexis publishing.

    bodde, d., and morris, c. (1967). law in imperial china.philadelphia: university of pennsylvania press.

    boskey, j. b., and hollinger, j. (2000). “placing children for adoption.” in adoption law and practice, ed. j. heifetz hollinger. new york: lexis publishing.

    bubic, s. (1998). “family law in bosnia and herzogovinia.” in the international survey of family law 1996, ed. a. bainham. the hague, netherlands: kluwer law international.

    cretney, s. m., and masson, j. m. (1997). principles offamily law, 6th edition. london: sweet and maxwell.

    deliyannis, i. (1997). “reforming the law of adoption.”in the international survey of family law 1995, ed. a. bainham. the hague, netherlands: kluwer law international.

    de oliviera, g., and cid, n. de s. (1998). “family law inportugal.” in the international survey of family law 1996, ed. a. bainham. the hague, netherlands: kluwer law international.

    dóczi, m. (1997). “family law in hungary.” in the international survey of family law 1995, ed. a. bainham. the hague, netherlands: kluwer law international.

    forder, c. (2000). “opening up marriage to same sexpartners and providing for adoption by same sex couples, managing information on sperm donors, and lots of private international law.” in the international survey of family law 2000 edition, ed. a. bainham. bristol, uk: jordan.

    Further Reading (Books 2)

    frank, r. (1997). “the need for reform in parentagelaw.” in the international survey of family law 1995, ed. a. bainham. the hague, netherlands: kluwer law international.

    gager, k. e. (1996). blood ties and fictive ties. princeton,nj: princeton university press.

    goody, j. (1969). “adoption in cross-cultural perspective.” comparative studies in society and history 11:55_78.

    graham-siegenthaler, b. (1995). “family law in switzerland.” in family law in europe, ed. c. hamilton and k. standley. london: butterworths.

    grosman, c. p. (1998). “the recent reform of argentineadoption law.” in the international survey of family law 1996, ed. a. bainham. the hague, netherlands: kluwer law international.

    harrison, a. r. w. (1968). the law of athens. oxford, uk:clarendon press.

    hampton, l. p. (2000). “the aftermath of adoption: support, inheritance and taxes.” in adoption law and practice, ed. j. heifetz hollinger. new york: lexis publishing.

    hollinger, j. h. (2000a). “adoption of native americanchildren.” in adoption law and practice, ed. j. heifetz hollinger. new york: lexis publishing.

    hollinger, j. h. (2000b). “adoption procedure.” in adoption law and practice, ed. j. heifetz hollinger. new york: lexis publishing.

    hornblower, s., and spanforth, a. (1996). the oxford classical dictionary. new york: oxford university press.

    khazova, o. (2000). “three years after the adoption of the new russian family code.” in the international survey of family law 2000 edition, ed. a. bainham. bristol, uk: jordan.

    Further Reading (Articles)

    kounougeri-manoledaki, e. (1995). “family law ingreece.” in family law in europe, ed. c. hamilton and k. standley. london: butterworths.

    manooja, d. c. (1993). adoption law and practice. newdelhi, india: deep and deep publications.

    melli, m. s. (1996). “focus on adoption.” in the international survey of family law 1994, ed. a. bainham. the hague, netherlands: kluwer law international.

    moyle, j. b. (1912). imperatoris iustiniani istitutionum.oxford, uk: clarendon press.

    monroy, p. a. (1998). “adoption law in colombia.” in the international survey of family law 1996, ed. a. bainham. the hague, netherlands: kluwer law international.

    munalula, m. (1999). “family law in zambia.” in the international survey of family law 1997, ed. a. bainham. the hague, netherlands: kluwer law international.

    ntampaka, c. (1997). “family law in rwanda.” in theinternational survey of family law 1995, ed. a. bainham. the hague, netherlands: kluwer law international.

    oda, h. (1999). japanese law, 2nd edition. oxford, uk:oxford university press.

    okumu wengi, j. (1997). weeding the millet field:women’s law and grassroots justice in uganda. kampala: uganda law watch center.

    Öröcö, e. (1999). “improving the lot of women and children.” in the international survey of family law 1997, ed. a. bainham. the hague, netherlands: kluwer law international.

    More Related Articles

    palmer, m. (2000). “caring for young and old: developments in the family law of the people’s republic of china, 1996_1998.” in the international survey of family law 2000 edition, ed. a. bainham. bristol, uk: jordan.

    pant, p. c. (1994). the hindu adoptions and maintenance act, 1956, 4th edition. allahabad, india: the law book company.

    pearl, d., and menski, w. (1998). muslim family law, 3rd edition. london: sweet and maxwell.

    pfund, p. h. (1993). “introductory note.” internationallegal materials 32:1134_1146.

    rosettenstein, d. s. (1995). “trans-racial adoption in theunited states and the impact of considerations relating to minority population groups on international adoptions in the united states.” international journal of law and the family 9:131_154.

    somit, j. (2000). “independent adoptions in california;dual representation allowed.” in adoption law and practice, ed. j. heifetz hollinger. new york: lexis publishing.

    stojanowska, w. (1997). “adoption: revision of the family and custody code.” in the international survey of family law 1995, ed. a. bainham. the hague, netherlands: kluwer law international.

    sutherland, e. e. (1997). “child law reform at last!” in the international survey of family law 1995, ed. a. bainham. the hague, netherlands: kluwer law international.

    vebers, j. (1999). “family law in latvia: from establishment of the independent state of latvia in 1918 to restoration of independence in 1993.” in the international survey of family law 1997, ed. a. bainham. the hague, netherlands: kluwer law international.

    ward, p. (2000). “judicial and legislative family law developments.” in the international survey of family law 2000 edition, ed. a. bainham. bristol, uk: jordan.

    zhang, x. (1997). “family law.” in introduction to chinese law, ed. c. wang and x. zhang. hong kong-singapore: sweet and maxwell.

    DAVID S. ROSETTENSTEIN

    Foreign adoptions by Americans decline sharply, AP Online; March 21, 2014; By DAVID CRARY

    Foreign Adoptions by Americans Decline Sharply, The Charleston Gazette (Charleston, WV); March 22, 2014; Crary, David

    Adoption in the 1990s: Sociodemographic Determinants of Biological Parents Choosing Adoption, Child Welfare; July 1, 1996; Chippindale-Bakker, Victoria Foster, Linda

    Adoption counseling as a professional specialty area for counselors, Journal of Counseling and Development : JCD; March 1, 1997; Nancy G Janus

    Adoption Activities on the Internet: A Call for Regulation, Social Work; July 1, 2010; Roby, Jini L. White, Holly

    ADOPTIONS BOOMING FOR ‘SPECIAL’ KIDS SPECIAL NEEDS ADOPTIONS ARE CHEAPER, WITH FEWER BUREAUCRATIC HURDLES.(FRONT), The Wisconsin State Journal (Madison, WI); October 27, 2002

    Adoption Enters the Cyberspace Age: 1,000 Web Sites Provide Timely Data for Parents, The Washington Times (Washington, DC); December 30, 1997; Wetzstein, Cheryl

    Foreign Adoptions Grow to Record level.(NATION), The Washington Times (Washington, DC); December 6, 2002

    Foreign Adoptions in U.S. Drop, AP Online; November 30, 2007; DAVID CRARY

    Adoptions by Foreigners Come Under Fire, THE MOSCOW TIMES, The Moscow Times (Russia); November 19, 2004; Oksana Yablokova

    ADOPTION ALTERNATIVE REQUIRES MORE SUPPORT FOR BIRTH MOTHERS, The Roanoke Times (Roanoke, VA); November 3, 2004; David Nova

    Adoption Wisdom: A Guide to the Issues and Feelings of Adoption, Journal of Prenatal & Perinatal Psychology & Health; April 1, 2002; Winstone, Claire Ma

    Adoption: Where Do Relatives Stand? , Child Welfare; September 1, 1996; Oppenheim, Elizabeth Bussiere, Alice

    Adoption at What Price?, The Washington Times (Washington, DC); December 6, 2001; Wetzstein, Cheryl

    Adoption Medicine and the Internationally Adopted Child, American Journal of Law & Medicine; January 1, 2002; Nicholson, Laura A.

    Adoption, Encyclopedia of Bioethics; January 1, 2004

    Adoption credit and assistance exclusion. The Tax Adviser; June 1, 1997; Cvach, Gary Q. Patterson, Martha Priddy

    Foreign adoptions by Americans hit 13-year low, AP Online; December 17, 2009; DAVID CRARY

    Adoption by Same-Sex Couples: Public Policy Issues in Texas Law & Practice, Texas Journal on Civil Liberties & Civil Rights; April 1, 2010; Ritter, Michael J.

    Adoption, Blood Kinship, Stigma, and the Adoption Reform Movement: A Historical Perspective, Law & Society Review; January 1, 2002; Carp, E. Wayne

    Adoption in State Statute Topics

    Introduction to Adoption

    The purpose of Adoption is to provide a broad appreciation of the Adoption legal topic. Select from the list of U.S. legal topics for information (other than Adoption).

    Adoption Explained

    References

    See Also

    • Marriage
    • Family
    • Visitation

    Main Elements

    Adoption Defined

    Adoption law provides a means for parents to voluntarily assume the legal rights and responsibilities of a child not born to them. Following an adoption, all legal ties between the child and the birth parents are permanently severed.

    Termination of Parental Rights

    Before an adoption degree can be entered, the parental rights of the birth mother and father must be terminated. This allows those same rights to be conferred upon the adoptive parents, and it prevents the birth parents from attempting to exercise control over the child at a later time.

    Open vs. Closed Adoptions

    A common question of those considering an adoption concerns who will have the right to have contact with the child once the adoption is final. The answer is that, just like natural parents, the adoptive parents will have complete authority to decide the matter.

    Adoption by a Stepparent

    Marriage can involve more than the union of two adults. When one of the spouses has children from a previous relationship, the marriage creates a new family, and the other spouse may come to love and care for the children as though they were his or her own.

    Working with an Adoption Lawyer

    If the people affected or interested are considering an adoption, working with an attorney can make the process go more smoothly. Hiring legal counsel is particularly important if the people affected or interested expect the birth parent whose rights will be terminated to be uncooperative.

    Resources

    Further Reading

    Adoption Definition in the Legislative Process

    The following is a definition of Adoption, by the National Conference of State Legislatures (NCSL): Approval or acceptance; usually applied to amendments, committee reports or resolutions.

    Adoption Explained

    References

    See Also

    • Marriage
    • Family
    • Visitation

    Main Elements

    Adoption Defined

    Adoption law provides a means for parents to voluntarily assume the legal rights and responsibilities of a child not born to them. Following an adoption, all legal ties between the child and the birth parents are permanently severed.

    Termination of Parental Rights

    Before an adoption degree can be entered, the parental rights of the birth mother and father must be terminated. This allows those same rights to be conferred upon the adoptive parents, and it prevents the birth parents from attempting to exercise control over the child at a later time.

    Open vs. Closed Adoptions

    A common question of those considering an adoption concerns who will have the right to have contact with the child once the adoption is final. The answer is that, just like natural parents, the adoptive parents will have complete authority to decide the matter.

    Adoption by a Stepparent

    Marriage can involve more than the union of two adults. When one of the spouses has children from a previous relationship, the marriage creates a new family, and the other spouse may come to love and care for the children as though they were his or her own.

    Working with an Adoption Lawyer

    If the people affected or interested are considering an adoption, working with an attorney can make the process go more smoothly. Hiring legal counsel is particularly important if the people affected or interested expect the birth parent whose rights will be terminated to be uncooperative.

    Resources

    See Also

    • Legislative Power
    • Legislative History
    • Legislative Ethics
    • Legislative Session
    • Legislature
    • Legal Aid
    • Legislative Commissions
    • Legislative Branch
    • Legislation
    • Executive Branch
    • Legislative Function

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    • Governor
    • Judiciary
    • Legislature Bills
    • Legislation Definition
    • Legislation Meaning
    • Legislative Information

    Adoption and Tax Law

    There are more details about Adoption in thetax compilation of the legal Encyclopedia.

    Adoption: Open and Free Legal Research of US Law

    Federal Primary Materials

    The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Adoption. This part provides references, in relation to Adoption, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

    Federal primary materials about Adoption by content types:

    Laws and Regulations

    US Constitution
    Federal Statutory Codes and Legislation

    Federal Case Law and Court Materials

    U.S. Courts of Appeals
    United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

    Federal Administrative Materials and Resources

    Presidential Materials

    Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

    Executive Materials

    Federal Legislative History Materials

    Legislative history traces the legislative process of a particular bill (about Adoption and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Adoption or other topics), or locating the current status of a bill and monitoring its progress.

    State Administrative Materials and Resources

    State regulations are rules and procedures promulgated by state agencies (which may apply to Adoption and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Adoption. Finding these decisions can be challenging. In many cases, researchers about Adoption should check state agency web sites for their regulations, decisions, forms, and other information of interest.

    State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

    State opinions of the Attorney General (official written advisory opinions on issues of state law related to Adoption when formerly requested by a designated government officer):

    Tools and Forms

    Law in Other Regions

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