Steps to Take When Adopting
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This document provides an overview of the adoption process in Nevada, explaining the different legal requirements and types of adoption, including traditional, semi-traditional, semi-open, and open adoptions. It emphasizes the importance of understanding both the legal and social aspects of adopting a child, particularly for special needs adoptions, and encourages prospective parents to seek support and resources. The document also highlights disqualifying factors for adoption eligibility and offers contact information for McFarling Law Group for further assistance.
Steps to Take When Adopting
- 2. When you decide to pursue adoption, your first steps will involve getting to know as much as possible about how adoption works in your state. It may seem intimidating at first, but the more you familiarize yourself with adoption law in Nevada and all the services available to help you along, the easier it will get. The great reward after a complex process is having the chance to share your home and your life with a child who needs you.
- 3. Legal requirements vary, depending on the status of each child. Some adoptions are handled by public state and county agencies, and others can be handled privately, by a qualified Las Vegas adoption attorney. Consider private adoption with the help of an attorney for: • Blood-related children: the children of a blood relative who cannot care for them. The biological parent must consent, or their parental rights must first be legally terminated.1 • Stepchildren: blended families, or children of separated and divorced biological parents may be adopted by a stepparent. The same parental consent requirements apply as for blood-related children.1
- 4. Adopting non-blood related children requires more complex legal steps. Work through licensed private agencies or state and county child welfare agencies. Public agencies primarily handle adoptions of special needs infants and children. Find out the requirements for adopting special needs kids. If eligible, you will be placed on an inquiry list, until contacted for a home study program (a background investigation). When approved, you are placed on a waiting list. This is a great time to find support networks and learn about how to welcome a new, adopted child.
- 5. There is more flexibility in the type of adoptions parents choose than ever before. Think through the short-term and long-term consequences of each approach for you and the child before deciding how yours will work. • Traditional adoption: adoption agency selects the child. There is no contact between birth and adopting families, and no identities are shared. 2 • Semi-traditional adoption: birth parents read home studies (without identifying information) and participate in choosing adoptive families. Adopters see non- identifying information about birth parents, and there is no face-to-face contact.2
- 6. • Semi-open adoption: birth parents read home studies, minus identifying information, and help choose the adopting family. Birth and adopting parents will meet face-to-face.2 • Open adoption: birth and adopting parents mutually agree on how much identifying information they will share. 2 Both birth mother and father must sign a Consent to Adopt, but not before 72 hours after the birth. (Exception: if one or both birth parents have their parental rights terminated).2
- 7. You may not qualify as eligible to adopt in certain circumstances. Some of the disqualifying factors include if you: • give birth to a child • adopt a non-special needs child • move out of state • move and cannot be contacted • have 2 or more birth children, 2 or more adopted children who are non-special needs, or adult children living at home for more than 18 months3
- 8. As an adoptive parent, you will fulfill a special mission, and have years of joy to share with your growing children. Ensure a smooth process and a happy future for them by becoming fully acquainted with the legal and social demands of adoption. If you adopt a special needs child through an agency, learn about their particular needs and the specialized services available. Additional requirements apply when you adopt an infant through a public agency. If a special needs adoption is not for you, contact a private or international adoption agency, and consult a qualified adoption attorney.
- 9. McFarling Law Group, founded in 2003, is committed to improving the lives of families through advocacy, service, and conflict resolution. Emily McFarling, Esq. is an award-winning certified family law specialist who has helped many families successfully complete adoptions. Contact us at 702-565-4335, or visit www.mcfarlinglaw.com.
- 10. 1. http://www.mcfarlinglaw.com/practice-areas/adoption/ 2. http://dcfs.nv.gov/Programs/CWS/Adoption/Guide/FAQs/ 3. http://dcfs.nv.gov/Programs/CWS/Adoption/Guide/InfantAdoptions/