716.636.7600 | 800.636.5255

Amherst | Buffalo | Lancaster | Lockport
How Can We Help You?
FacebookTwitterLinkedInHoganWillig Blog

Awards & Accolades

Client Testimonials

"I was most impressed with all the people from your office with whom I came in contact with both personally and on the phone. Their attention to my case and professionalism was much appreciated. Thank you again!"


View All Testimonials...

Facebook

Adoptions

Adoption is a major life decision for anyone who takes part in it and whether you are the birth parent, or the adopting parent we can help. As a birth parent you want to make sure that your child goes to a good family, and that you have understanding support throughout the entire process. As an adopting parent you want to make sure you make the right choice in adoption. There are many decisions to make and this can be both an emotional and stressful time as well as a very positive and exciting time.  We are pleased to assist you in navigating the various legalities in this area.

Adoption Frequently Asked Questions

Does a child really become mine when I adopt them?

Yes, adoption establishes all rights and duties to adoptive parents as if they were they biological parents of the child.  An adopted child can inherit property from his new parents, receive care from them, and becomes a loved and cared for child, just like a biological child. 

Who can adopt a child?

Any adult married couple.
Any unmarried adult.
Adult unmarried persons together, under limited circumstances. (There must be a valid parent-child relationship).
An adult married person living separately from his/her spouse pursuant to:
  1. A decree or judgment of separation.
  2. Written separation agreement.
**note: the other spouse will have no legal rights or responsibilities relative to the adoptive child.

When can a child be adopted?

A child may be adopted under three circumstances (1) if both parents have passed away; (2) the  parent-child relationship with both parents has been terminated; or (3) if a step parent wants to adopt a child and biological parent's rights have been terminated.

When can a stepchild be adopted?

A step-parent may adopt a child if the child is at least 2 years old; the  parent-child relationship has been terminated with the other parent; and the step-parent has had possession of the child for at least 6 months (if the other parent consents to adoption) or at least 12 months, if the other parent does not consent to adoption.

How are a parent's rights terminated?

A parent may have their rights terminated if the court determines it is in the best interest of the child for that parent to have their rights terminated.  The court must also determine that the father has either abandoned the child, was imprisoned for greater than 2 years, neglected the child, abused the child, failed to pay child support for greater than 1 year, uses drugs, or is mentally ill.

Must the child give his consent to be adopted?

A child over 14 years of age must give his/her consent to be adopted unless the court finds it in his best interest. In this case, no other individuals consent will be required. 

How long does adoption generally take?

It depends upon the circumstances. Some adoptions take place within a short period of time while others can take over a year. Most courts will try to expedite adoption proceedings to shorten the process.

Attorney Advertising

Content Management System by Fission
© 2002-2010 360 Professional Services Group. All Rights Reserved.