Adoption -
Adoption is the process by which a legal parent-child relationship is created between people who are not biologically parent and child. A proceeding to terminate parental rights may be initiated in connection with or prior to an adoption proceeding. There are very strict requirements that have to be met before the parental rights of a biological parent may be terminated and an adoption concluded. Some adoptions are referred to as “Stepparent Adoptions” where a person seeks to adopt his or her spouse's child in accordance with the provisions. When the adoptee has lived with his or her stepparent for at least one year following the stepparent's marriage to the custodial parent, there are less requirements that have to be fulfilled. When an adoptee has not lived with the stepparent for more than one year following the stepparent's marriage to the custodial parent, the adoption shall proceed as an independent adoption.Back to Top
Petition for Adoption -
The court shall conduct hearings on the petition for adoption so as to determine the rights of the parties in a manner that protects confidentiality. The court records will be sealed and can only be accessed upon meeting very stringent requirements as set forth in the Adoption Act. The petitioner and the adoptee shall attend the hearing unless the court for good cause waives a party's appearance. The petitioner shall file all documents required pursuant to the Adoption Act.
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Decree of Adoption -
The petitioner shall present and prove each allegation set forth in the petition for adoption and the court shall grant a decree of adoption if it finds that the petitioner has met the requirements as set forth under the Adoption Act. If the court determines that any of the requirements for a decree of adoption have not been met or that the adoption is not in the best interests of the adoptee, the court shall deny the petition and determine, in the best interests of the adoptee, the person who shall have custody of the child. The decree of adoption shall include the new name of the adoptee. The decree of adoption shall order that from the date of the decree, the adoptee shall be the child of the petitioner. A decree of adoption may not be attacked upon the expiration of one year from the entry of the decree. Once adopted, an adoptee shall take a name designated by the petitioner, except in stepparent adoptions. In stepparent adoptions, the adoptee shall take the new name designated by the petitioner in the petition so long as the petitioner's spouse and the child, if over the age of fourteen years, consent to the new name. The name change need not be requested in the petition.
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After Adoption -
After adoption, the adoptee and the petitioner shall have the legal relationship of parent and child as if the adoptee were the biological child of the petitioner and the petitioner were the biological parent of the child. The adoptee shall have all rights and be subject to all of the duties of that relation, including the right of inheritance from and through the petitioner, and the petitioner shall have all rights and be subject to all duties of that relation, including right of inheritance from and through the adoptee. Within thirty days after an adoption decree becomes final, the petitioner shall prepare an application for a birth certificate in the new name of the adoptee, showing the petitioner as the adoptee's parent, and shall provide the application to the clerk of the court. The petitioner shall forward the application to the appropriate vital statistics office as set forth under the Adoption Act. The state registrar of vital statistics shall prepare a birth record in the new name of the adoptee in accordance with the vital statistics laws, but subject to the requirements of the Adoption Act as to the confidentiality of adoption records.
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Open/Closed Adoptions -
The parents of the adoptee and the petitioner may agree to contact between the parents and the petitioner or contact between the adoptee and one or more of the parents or contact between the adoptee and relatives of the parents. An agreement shall, absent a finding to the contrary, be presumed to be in the best interests of the child and shall be included in the decree of adoption. The agreement may also include contact between siblings and the adoptee based on a finding that it is in the best interests of the adoptee and the adoptee's siblings and a determination that the siblings' parent, guardian or custodian has consented to the agreement. The contact may include exchange of identifying or nonidentifying information or visitation between the parents or the parents' relatives or the adoptee's siblings and the petitioner or visitation between the parents or the parents' relatives or the adoptee's siblings and the adoptee. An agreement entered into pursuant to this section shall be considered an “open adoption”.
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Guardianship of Adults -
Sometimes health and safety issues may mean that you need to become the primary caretaker of an adult. Perhaps this adult is incapacitated by illness and had not signed a power of attorney form. Or the adult could have mental or physical difficulties that make self-care impossible. When this occurs, the courts appoint a guardian to make personal or financial decisions. In other words, the court appoints a substitute decision maker. Guardianship is a serious decision and should be made only if the person has a serious inability to make or understand the consequences of his decisions. Remember, there is now law against making foolish decisions, so if grandpa wants to send a donation to the Followers of German Shepherds, that is his right. But if he does not understand the consequences of signing over his Social Security to the group, then someone else may need to take over. Guardians are required to stay within strict financial limits and must report periodically to the court.Back to Top
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