What is ‘adoption’ in a legal sense?


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Legal Adoption Adoption Law

What is ‘adoption’ in a legal sense?

Adoption is the process through which the natural parents’ rights and obligations toward their children) are terminated, and the adoptive parents assume these rights and obligations. Once a child has been adopted, the natural or birth parents are no longer responsible for their child; the obligations that they have toward their child, likewise, cease to exist. It is as if the natural or birth parents become like any other third party with respect to the child. The adoptive parents become responsible for the child and all the obligations and rights between a parent and child are established between them.

Adoption is a process that is established by statutory law, and is treated in accordance with the laws established by the state in which the parent and child reside. The legal procedure by which a formal legal adoption occurs differs from state to state. An attorney will help you to determine the particular procedures of the state in which you live.

The primary obligation flowing from a parent to a minor child is to be responsible for his/her health, education and welfare. When a parent adopts a minor child, the parent must then provide for the needs of the child.

The primary right that a child obtains from a parent is the right of inheritance of the estate. Although this right of inheritance may be altered by a Will or Trust, or other disposition of property, in the event that a parent dies without a Will, the parent’s children are entitled to the estate (all the property that the parent owned as of the date of death). Generally, an adopted child has no rights to the estate of his or her biological parents.

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We are a childless couple and have a chance to obtain an infant if we pay lots of money upfront. Is it legal?


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Illegal Adoption Adoption Law

We are a childless couple and have a chance to obtain an infant if we pay lots of money upfront. Is it legal?

This is something you had better get good legal advice on from a lawyer who is not otherwise involved with the birth mother.

Having a short supply of healthy newborns ready to be placed for adoption, adopting parents are especially vulnerable to offers to buy a “black-market baby” – for an exorbitant sum of money. Paying large sums of money is unnecessary, since in most states adopting parents pay only the mother’s medical expenses, counseling and legal costs; if done improperly, it may be a crime and create an illegal placement.

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What are some common terms?

What are some common terms?

Legal Custody – the parent with legal custody can make all decisions regarding the health, welfare and education of the child.

Physical Custody – determines which parent has the actual, physical right to be with the child.

Sole Legal Custody – when one parent is awarded sole legal custody, that parent makes all decisions regarding the health, education and welfare of the child (and the other parent has no input on these decisions)

Sole Physical Custody – when one parent is given sole physical custody, the child remains with him/her and the other parent is excluded from having physical custody of the child (typically when the other parent has abused or neglected the child)

Joint Legal Custody – both parents participate in reaching decisions regarding the health, education and welfare of the child.

Joint Physical Custody – both parents have the ability to be with the child, typically joint physical custody is coupled with a parenting plan to determine who will be with the child at what particular time.

Shared Custody – both parents equally share the legal and physical custody of the child. Typically found only where both parents are able to resolve their personal differences and keep them in check for the sake of raising the child in a caring, nurturing environment.

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What grounds may adoption be challenged?


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Adoption Appeal Adoption Law

What grounds may adoption be challenged?

The natural parent may assert, after the adoption has become finalized, that s/her did not consent to the adoption, or that the adoption was obtained as the result of coercion, duress, or fraud. An adoptive parent could likewise assert that his/her consent to the adoption was obtain as the result of fraud, in an attempt to be relieved of the responsibility for an adopted child (such as when the newly adopted child becomes seriously ill or is found to be mentally disturbed). As with any action involving an assertion that consent to an action was obtained as a result of coercion, duress or fraud, it is often very difficult to prove. In spite of this, legal action could be pursued by a natural or adoptive parent even after `a formal adoption has been finalized.

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I had a justice of the peace marriage in 1 state followed by a church wedding in another. What state’s laws govern in the event that I want to obtain a divorce?

I had a justice of the peace marriage in 1 state followed by a church wedding in another. What state’s laws govern in the event that I want to obtain a divorce?

Your first marriage is the date you got married. The second is legally irrelevant (unless your first marriage was flawed for some reason). The divorce will be governed by the laws of the state in which you currently reside, not where your ceremony took place (if different).

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I am illegal in the u.s. but entered the u.s. legally. I have just married a u.s. citizen. How do I apply for my green card?

I am illegal in the u.s. but entered the u.s. legally. I have just married a u.s. citizen. How do I apply for my green card?

After you get married, the U.S. citizen spouse must file with the INS an I-130 Relative Petition for you, together with the I-485 application for permanent residence, with all supporting documents, if you originally entered the U.S. legally. You can also apply for the employment authorization card and advance parole which will allow the alien to travel abroad pending the INS interview. Depending on the INS workload, an interview will be scheduled anywhere from 6 months to more than 1 year from the time the application is filed.

At the interview, the INS will question the couple to make sure that the marriage is bona fide, meaning that the couple did not get married solely for the purpose of getting an immigration benefit for the alien spouse. If the I-485 is approved, the alien spouse will receive a 2 year conditional Green Card. Within 90 days prior to the 2nd anniversary of receiving the Green Card, the couple must file a petition with the INS to remove the condition. Documents must be submitted to prove that the couple has a bona fide marriage, such as joint credit cards, joint bank accounts, proof of children born to the couple, joint health insurance, etc. If the INS is satisfied by the evidence submitted, the condition will be removed. If the couple fails to file the removal petition within 90 days, then the Green Card will automatically terminate.

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What is ‘equitable adoption’ or ‘adoption by estoppel?’

What is ‘equitable adoption’ or ‘adoption by estoppel?’

Equitable adoption (also called putative or constructive adoption) occurs in the situation where a parent makes certain promises or acts in a certain manner so as to create a contract between the parent and child. Equitable adoption occurs without a formal legal procedure, in other words, a parent can say or do certain things that result in the adoption of another person as his/her child even though there is no court order establishing the adoption. For example, a parent could take a minor into his/her home, and act as if s/he is the parent of the child for many years, all without ever going to court to formalize this arrangement. In such a situation there is no court order which formally states that the rights and obligations of the natural parents have been terminated and that the adoptive parents must assume these obligations and rights. Instead of being a matter of law, the principles of equity hold this parent as if s/he had formally adopted the child.

Adoption by Estoppels happens when a parent tries to deny equitable adoption. If a parent has taken a child into his/her home, and acted as the parent of that child for a number of years, even without a formal adoption procedure, that parent is prevented from then denying parentage by adoption by estoppels. Because the child was not legally adopted, s/he cannot seek action in court; however, adoption by estoppels is a remedy that is available to the child, to claim adoption by the parent.

The legal doctrines of equitable adoption and adoption by estoppels typically arise when a person who took care of a minor child for many years dies. The decedent (person who has died) may have died without a Will and the child presents a claim to all or part of the estate based on one of these doctrines. If the decedent died with a Will and the child was not mentioned in the Will, the child may still present a claim for a portion of the parent’s estate on the basis of being an omitted or pretermitted child.

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What is ‘adoption’ in a legal sense?

What is ‘adoption’ in a legal sense?

Adoption is the process through which the natural parents’ rights and obligations toward their children) are terminated, and the adoptive parents assume these rights and obligations. Once a child has been adopted, the natural or birth parents are no longer responsible for their child; the obligations that they have toward their child, likewise, cease to exist. It is as if the natural or birth parents become like any other third party with respect to the child. The adoptive parents become responsible for the child and all the obligations and rights between a parent and child are established between them.

Adoption is a process that is established by statutory law, and is treated in accordance with the laws established by the state in which the parent and child reside. The legal procedure by which a formal legal adoption occurs differs from state to state. An attorney will help you to determine the particular procedures of the state in which you live.

The primary obligation flowing from a parent to a minor child is to be responsible for his/her health, education and welfare. When a parent adopts a minor child, the parent must then provide for the needs of the child.

The primary right that a child obtains from a parent is the right of inheritance of the estate. Although this right of inheritance may be altered by a Will or Trust, or other disposition of property, in the event that a parent dies without a Will, the parent’s children are entitled to the estate (all the property that the parent owned as of the date of death). Generally, an adopted child has no rights to the estate of his or her biological parents.

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