Considering Adopting a Child? Know the Initial Steps

Adopting a child is a wonderful thing.  Navigating the adoption proccess without a lawyer can be less wonderful. That’s why a good Minnesota adoption lawyer can really come in handy.

The laws on adoption vary from state to state and you should talk with a qualified adoption lawyer in your area for further information.  In this article, I'm going to discuss some of the initial adoption requirements for anyone considering filing for adoption in Minnesota.

First, the adoptive parent must establish residency in Minnesota.  This means that the adoptive parent must physically reside in a state for at least one-year unless the requirement is waived or modified by the court.  

Second, assuming the adoptive parent meets the residency requirement, he or she must file a document called an “Adoption Petition” with the court.  Also, in certain circumstances, the Adoption Petition should also be filed with an adoption agency or commissioner.  

The next steps in the proceeding can be complicated.  Foremost, the correct parties who have an interest in the well-being of the child or children must be given notice of the proceeding.  As an example, the "required" parties typically include:  the natural parents of the child, the adoption placement agency, the proposed adoptive parents and/or a guardian of the child.  Once proper notice has been given to the proper parties, the proceeding can continue forward.

Often, the court will not allow an adoption to proceed forward without the approval of an adoption agency.  Thus, an adoption agency may need to be notified and must be allowed to conduct an investigation into the person(s) who are attempting to adopt a child or children.  The investigation takes time and there are costs associated with it.  At times, a court may waive the requirement for adoption agency investigation and approval of the adoption.  Again, this is where talking with a qualified Minnesota adoption lawyer is a good idea.

Furthermore, the court must find that the adoption is in the best interest of the child.  A court must find that the adoption is in the best interest of the child in order to issue and adoption decree and allow the adoptive parent to adopt the child or children. The best interest standard is similar to the standard required for placement of children with a parent in a child custody case.

Determining what is “in the best interest of the child” is a multi-faceted and evolving doctrine.  A good attorney will know the law and will be able to guide you through the initial adoption proceeding.  Furthermore, this lawyer should know the best interest of the child standard by heart and will know how to prove the best interest standard to a judge.

If all goes smoothly, the adoption placement agency will issue its approval, any and all consents to the adoption will be gathered, and the judge will make the determination that the adoption is in the best interest of the child.  

At the end of the process, the judge will issue a final order and decree of adoption stating that the child has been adopted by the petiting person.  After that, the child will be recognized as the lawful child of that person - and that is often a wonderful thing.

For more information on the adoption process in Minnesota, contact Joseph M. Flanders at Flanders Law Firm LLC.