Generally, the adoptee would not otherwise be entitled to inherit but for the adoption. One may designate an heir by adopting an adult. In most cases, the purpose of adult adoption is to facilitate a device for inheritance. Practically, however, the adoption of adults differs greatly, since it serves different purposes and creates few of the difficulties arising out of the adoption of children. The adoption of adults is regarded by statutes and the courts in a manner similar to the adoption of children. Some statutes expressly limit adoption to minors, and others expressly provide for adoption of adults. ![]() An adoption will not be prevented by the fact that a child has a legal guardian. In addition, to be subject to adoption in a particular state, the individual must be living within that state.Ĭhildren may be adopted in situations where their natural parents are living, dead, or unknown, or where they have been abandoned. ![]() Since the status of an adopted person is regulated by state statutes that authorize the adoption, state law determines whether an individual is a proper candidate for adoption. Most of these criteria are taken into consideration in placements by agencies or in private placements where state law requires that adoptive parents be investigated. Although legislative policy prefers such conditions as adoption by people of the same religion as the prospective adoptee, an interfaith adoption is allowed when it does not adversely affect the welfare of the child.Įlements in determining who will be suitable adoptive parents include race, religion, economic status, home environment, age, and health. The best interests of the child are of paramount importance in policy considerations toward adoption. A legal guardian may adopt a child but is not ordinarily given preference in the court proceedings. Such adoption might be considered in the child's best interests if the natural parents die or if the custodial parent is found unfit. Unmarried people may adopt unless prohibited by law.Ī growing area of controversy by the courts is whether adoption by a child's grandparents is a viable alternative. ![]() If not contrary to statutory provision, either may adopt without being joined by the other. citizenship is not a prerequisite for adoption.Ī child may be jointly adopted by a Husband and Wife. Unless otherwise provided by state statute, U.S. To be entitled to adopt a child, an individual must meet the qualifications under the laws of his or her state, since the state has sole power to determine who may become an adoptive parent. Similarly, adoption by Estoppel is the equitable adoption of a child by promises and acts that prevent the adoptive parents and their estates from denying the child adoptive status. An equitable adoption might be enforced by the court for the benefit of a child in order to determine inheritance rights, for example. When adoption appears to comply with standards of fairness and justice, some states will grant a child the rights of one who has been adopted even though the adoption procedure is incomplete. In addition, they specify the rights and responsibilities of all parties involved.ĭe facto adoption is a Voidable agreement to adopt a child, based on a statutory proceeding in a particular state, which becomes lawful when the petition to adopt is properly presented.Įquitable adoption, sometimes referred to as virtual adoption, is treated by the law as final for certain purposes in spite of the fact that it has not been formally executed. Adoption statutes prescribe the conditions, manner, means, and consequences of adoption. Since adoption was not recognized at Common Law, all adoption procedures in the United States are regulated by statute. ![]() The adopted child is given the rights, privileges, and duties of a child and heir by the adoptive family. A two-step judicial process in conformance to state statutory provisions in which the legal obligations and rights of a child toward the biological parents are terminated and new rights and obligations are created between the child and the adoptive parents.Īdoption involves the creation of the parent-child relationship between individuals who are not naturally so related.
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