Adoption in United States
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 World Legal Encyclopedia. |
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. |
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 |
http://lawi.us/adoption | The URI of Adoption (more about URIs) |
Adoption related entries | Find related entries of Adoption |
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.
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
- Constitutional Law Outline
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- Constitutional Law Definition
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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 a
doption 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
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
- Information about Adoption in the Gale Encyclopedia of American Law.
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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Adoption and Tax Law
There are more details about Adoption in thetax compilation of the legal Encyclopedia.
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