Who can adopt a child?
As a general rule, any adult
who is determined to be a "fit parent" may adopt a
child. Married or unmarried couples may adopt jointly,
and unmarried people may adopt a child through a
procedure known as a single-parent adoption.
Some states have special
requirements for adoptive parents. A few of these
require an adoptive parent to be a certain number of
years older than the child. For example, California
requires adoptive parents to be at least ten years older
than the adoptee, while Idaho requires a difference of
15 years. And some states require the adoptive parent to
live in the state for a certain length of time before
they are allowed to adopt. For instance, an adoptive
parent in Georgia must have been a state resident for at
least six months, and Minnesota has a one-year residency
requirement. You will need to check the laws of your
state to see whether any special requirements apply to
you. And keep in mind that if you're adopting through an
agency, you may have to meet strict agency requirements
in addition to any requirements under state law.
Even if you find no state or
agency barriers to adopting a child, remember that some
people or couples are likely to have a harder time
adopting than others. For example, a single man or a
lesbian couple may not legally be prohibited from
adopting, but may have a harder time finding a placement
than would a married couple. This is because all states
look to the "best interests of the child" as their
bottom line, and will judge the various characteristics
of the parent or couple -- often factoring in biases
about who makes a good parent -- when making a placement
determination.
I'm single, but I'd like to
adopt a child. What special concerns will I face?
As a single person, you may
have to wait longer for a placement, or be flexible
about the child you adopt. Agencies often "reserve"
healthy infants and younger children for two-parent
families, putting single people at the bottom of their
waiting lists. And birthparents themselves often want
their children to be placed in a two-parent home.
If you're a single person
wishing to adopt, you should be prepared to make a good
case for your fitness as a parent. You can expect
questions from case workers about why you haven't
married, how you plan to support and care for the child
on your own, what will happen if you do marry and other
questions which will put you in the position of
defending your status as a single person. To many single
adoptive parents, such rigorous screening doesn't seem
fair, but it is commonplace.
Agencies serving children with
special needs may be a good option for singles, as such
agencies often cast a wider net when considering
adoptive parents. While you shouldn't take a child
you're not comfortable with, being flexible about your
options will make the resistance to single-parent
adoptions easier to overcome.
My long-term partner and I
prefer not to get married, but we'd like to adopt a
child together. Will we run into trouble?
There is no specific
prohibition against unmarried couples adopting children
(sometimes called a two-parent adoption). Like singles,
however, you may find that agencies are biased towards
married couples. You may have a longer wait for a child,
or you may have to expand your ideas about what kind of
child you want.
Copyright © 2002 Nolo
DISCLAIMER: This site and any
information contained herein are intended for
informational purposes only and should not be construed
as legal advice. Seek competent legal counsel for advice
on any legal matter.
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