4 Common Challenges In Adoption Law

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4 Common Challenges In Adoption Law

29 November 2022
 Categories: Law, Blog

Adoption is one of the more complex legal processes. It involves multiple parties and raises numerous questions about the rights of birth parents, adoptive families, and children. An adoption law service provider will tell you to pay close attention to these potential challenges.


The central fear for most adoptive parents is that the birth parents will want to recover the child at some point. Full legal relinquishment is the preferred outcome because it guarantees the adoptive family's rights as much as possible. Even if you're pursuing an open adoption, you want to know as an adoptive parent that you'll have full rights to make family, moral, legal, and medical decisions for the kid. An adoption lawyer can draft a document that ensures the birth parents will relinquish all rights.

It is usually possible to do an adoption if the genetic father is unaware of the process. However, the father may have grounds to challenge the adoption at a later date. Whenever possible, you'll want to ask both parents to relinquish their rights. Otherwise, there may be legal challenges involving paternity testing and paternal rights.

Financial Wellness

Generally, states want to know that adoption will solve more problems than it causes. Specifically, they want to place children with financially stable families. You don't have to be rich, but you should be able to document that your financial and living situations have been stable for the last few years.

Also, be aware that the adoption process entails some expenses. You will need to cover filing fees. If you're adopting a kid from a foreign country, there may be additional medical expenses to ensure their entry into the U.S. You might also need to pay filing fees in the kid's country of origin.

Closed Adoptions

Open adoption is regularly used throughout the U.S., but a closed process is still an option. If you're concerned about a birth parent with a troubled past, for example, you might want to have a court seal the records. However, be aware that many states have restrictions on fully closed adoptions. At a certain age, your child may have the right to seek information about their birth parents. Before you do a closed adoption, it's wise to ask an adoption lawyer who's licensed to practice in your state what the rules are there.


If there are complex issues in a case, a court has the right to consider the child's attachment to either their biological or adoptive parents. This is largely a non-issue for newborns, but it can become a challenge with later-age adoptions.

For more information, contact a company such as Hildebrand Law Office PC.