ADOPTION

DOMESTIC ADOPTION

Domestic adoption is the adoption of a child born in the United States. My representation includes the preparation and filing of all necessary adoption paperwork, all communication (unlimited) between client and attorney, as well as my appearance and representation at an adoption hearing. Before a child can be placed in your home, you will need to have a home study by a licensed social worker, so it’s always good to have that completed as soon as possible - even if you have not matched with a birth mother yet.

GRANDPARENT/STEPPARENT ADOPTION

The legal process for a grandparent or stepparent to adopt a child is nearly identical to a domestic adoption, but without the requirement of a home study. You will need the consent of both parents, but in a stepparent adoption, one birth parent will retain their parental rights to the child.

INTERSTATE ADOPTION

An interstate adoption is the process of adopting a child who was born in a different state. The adoption hearing can take place either in the birth state or the state of the adoptive parents. Because I am only licensed in Arkansas, I can only represent couples from Arkansas who would like to adopt a child from a different state. The legal process is very similar to the adoptions mentioned above; however, there is much more paperwork due to the requirements of the Interstate Compact for the Placement of Children (ICPC).

The ICPC is a compact that has been enacted by all 50 States, the District of Columbia and the U.S. Virgin Islands, authorizing them to work together to ensure that children who are placed across state lines for foster care or adoption receive adequate protection and support services. The ICPC establishes procedures for the placement of children across state lines and fixes responsibility for agencies and individuals involved in placing children.

The purpose of ICPC is to ensure that children placed out of their home state receive the same protections and services that would be provided if they remained in their home state. Before a child can come into Arkansas for the purpose of adoption, the sending and receiving states have to approve all of the paperwork required for an ICPC adoption.

READOPTION

Readoption is the process of adopting your child again in the United States after a foreign adoption. In Arkansas, your new “adoption decree” will be an order recognizing the foreign adoption. While foreign adoptions are valid on their face in Arkansas (meaning your child is legally yours without any further legal action), the Arkansas Vital Records office requires an Arkansas adoption decree in order to receive a new birth certificate.

Depending on your child’s birth country, your child’s name may not appear correctly on your foreign adoption decree and other legal documents. Because these documents are used by other federal entities, like the Social Security administration, this can create an extra hurdle when trying to register your child for school or to apply for a U.S. passport. Readoption is the way to correct your child’s name.

Another reason parents choose readoption is for the ease in which their documents can be replaced. If your foreign decree is ever lost or damaged, a readoption ensures the U.S. legal system has a record of your child’s status. It’s much easier to get a new copy of the adoption decree from your local courthouse than it is through a foreign government.

ADULT ADOPTION

In Arkansas, adults can adopt other adults. The most common example of this is a long-time stepparent who adopts an adult stepchild. There is no requirement for a home study and the only people required to consent to an adult adoption are the adoptee and his or her spouse if they’re married.