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Areas of Adoption Law |
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This type of adoption is handled out of the channels of an agency or state program. Birth parents, or more often a birth mother, is in some way introduced to a couple or individual wishing to adopt and the Parties handle the arrangements themselves. Sometimes in Surrogate cases, this is the type of action that is required to finalize. Finalization cannot take place prior to six months passing from the date of placement of the child/children with the adopting Parties.
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The vast majority of agencies that handle adoptions are non-profit organizations and/or have religious affiliations (some even have religious requirements). Generally a sliding scale is used to determine the fees for the adoption, and many of these agencies handle interstate, local, and foreign adoption. Almost always the child to be adopted will be a newborn or infant. Finalization cannot take place prior to six months after placement.
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This type of adoption is handled through a state agency (i.e. the foster care system). Most children adopted through the state are not infants-they are most frequently between the ages of 6-13, and their parent's rights have been terminated by the state. These children often have medical and/or psychological issues regarding abuse, abandonment, etc., and require dedicated adoptive parents to help them deal with the traumas they have endured as small children. Many of these children have siblings in the system, and it is not uncommon for a sibling group of 2, 3 or more children to be adopted by one family. There are no direct costs to the adoptive parents. The adoptive parents may either use the attorney provided by the state or obtain one of their own choosing. There are some programs that assist in paying the attorney in these cases. Finalization cannot take place prior to six months passing from the date of placement. The Parties must undergo an extensive set of classes to learn about adopting this type of child, which is also free of charge. A home study in required.
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You have a child or children from a previous relationship that your new spouse wishes to adopt. The child's biological father/mother can join as a co-Petitioner, otherwise that person will have to be served with paperwork (by publication in the newspaper if his/her whereabouts are unknown.) No home study is required. No minimum waiting period prior to finalization.
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Per state law any degree of blood-related sibling, Aunt, Uncle, or Grandparent my adopt a child very similarly to a step-parent adoption. The same procedures applies, no home study is required, there is no minimum waiting period prior to finalization. However, the relative must be a resident of the state of Tennessee for at least six months prior to filing the Petition
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Sometimes a step-parent or other person raises a child to adulthood, but an adoption was never undertaken. A relationship has developed whereby the parties want to take that extra step and an adult is adopted by another adult. In that case no biological parents are required to give permission, and neither are served with the Petition. It is done by agreement, and the Judge enters a Final Decree. There is no waiting period, and no requirements for home study.
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When a foreign adoption has been completed in the child's country of origin, in order for the United States to recognize said adoption, the child must be "re-adopted" in the states. There is no waiting period, and a home study will have already been conducted. The paperwork is very simple, and we can usually finalize within 30-60 days.
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