Adoption of a child gives the adopting parents all the rights and responsibilities of a legal biological parent.  In fact, very often the court will use the phrase “as if the child was born into” to explain the new relationship. 

However, prior to the new parental rights being established, there is an extensive legal process one must go through in order to cement the parent-child relationship in the eyes of the State.  Although the National Conference of Commissioners on Uniform State Laws enacted the Uniform Adoption Act (UAA) in 1994, this process can vary significantly from state to state.

Relinquishment and Consent

Before the adoptive parents can assume parental rights, the biological parents must either relinquish their parental rights or have them terminated by the court.  In order to relinquish their rights, most states require that the consent be made in writing and either be executed in front of a judge or notarized.

In Minnesota, a number of parties must consent to the adoption before it can become final.  Consent must be in writing, executed before two competent witnesses, and acknowledged by the consenting party.  The agency overseeing the adoption shall also ensure that the minor parent is offered the opportunity to consult with an attorney prior to executing consent.  All consents must also contain written notice of the following points: (1) the specific conditions under which the parent may withdraw consent; (2) the consent itself does not terminate parental rights; (3) the parental rights of a child may only be terminated by an adoption decree or a court order; and (4) if the child is not adopted, the parent may be asked to support the child.

This consent is required of the legal parents of the child and/or the child’s legal guardian, if there is one.  Furthermore, if the child is age 14 or older, he or she must also consent to the adoption.  If the court finds that the adoption is in the best interests of the child due to parental unfitness, then no consent is required.

Finalization Hearing

At the finalization hearing, the judge will review the circumstances of the child’s potential new home and determine whether to approve or disapprove of the petition to adopt, based on the best interests of the child.  After review, if the judge deems the adoptive parents fit to raise the child, then the petition will be approved and an adoption decree will be issued.

This finalization hearing usually takes place within a year of the child being placed in the adoptive parents’ home.  The parties who should be in attendance at the finalization hearing are the adoptive parents and adoptee, the attorney for the adoptive family, and the social worker who placed the child in the adoptive home.

In making his or her final judgment, the judge is likely to ask the adoptive parents simple questions about their home, their mindset, and their methods.  As long as these answers are satisfactory, and the judge signs the adoptive order, this is the final formal step in the adoption process.

In most jurisdictions, the child’s name is legally changed and the court issues an amended birth certificate for the adopted child. On this birth certificate, the names of the biological parents are replaced with the adoptive parents’ and the child’s birth name is replaced with his or her new name in conjunction with the decree being issued.  At the same time, all documents related to the adoption are sealed, along with the original birth certificate. 

Where To Start

The first thing someone thinking about adopting should do is simply to educate himself or herself about the subject.  Adoption is an involved and emotionally intense process that will go a lot smoother if the adoptive parent knows what to expect.  William Gage’s website is a good starting point for its comprehensive recommended reading list.

Once you are ready to get the ball rolling, there are several adoption agencies in Minnesota that are there to help prospective adoptive parents through the process.  Contact one of them and they will get you started on the road to adopting a child.