Adoption Questions & Answers

What is an adoption?

With adoption, an adult who is not a child's natural parent becomes the legal parent of the child. Once the judge signs the final adoption judgement, the law treats the adopting parents as natural parents even if they get divorced later.

After the adoption, natural parents usually do not have any rights concerning the child. But if the adoptive parents agreed in court papers to allow parenting time, the natural parents can go to court and get a court order requiring the visits. They first must try mediation. The natural parents can't stop or set aside the adoption if the adoptive parents do not allow the visits they agreed to give.

How can I adopt a child?

You will probably need a lawyer's help. For more information, contact an adoption agency.

Will I be investigated before I can adopt a child?

If you are adopting a minor child, the Department of Human Services (DHS) or an adoption agency will gather information for the court. There is a cost for the investigation.

Can I adopt a child without the natural parents' consent?

You should talk to a lawyer. The consent of the natural parents is usually needed, but in some cases the judge can order an adoption without that consent. The most common case is when the parent has neglected or deserted the child for at least one year. But natural parents always have the right to have notice of the adoption suit, if they can be found, and to challenge whether the adoption should be granted without their consent.

To adopt a child do I need the natural father's consent if paternity has not been established?

Most of the time, a father whose paternity has not been established does not have the right to be told about an adoption case or to have the chance to contest it. But if he has lived with or supported the child, or started his own paternity suit, a natural father may have the right to be given notice of the case and to be given a chance to challenge it. You should talk to an attorney.

Can my new spouse adopt my child from an earlier relationship?

Yes, if the child's other parent consents to the adoption. In this case, you may be able to do the adoption without the help of a lawyer. If the child's other parent does not consent, you probably will need a lawyer.

In step-parent adoption cases, the grandparents (the mother and father of the other parent) must usually be served with (given) a copy of the adoption petition. They may be able to get a court order that gives them parenting time rights after the adoption if there was a relationship with the child before and parenting time rights won't interfere with the child and the adoptive family's relationship.

Can my child be adopted without my consent?

No, not unless your rights as a parent were permanently ended by a judge before, or the judge now decides that your rights as a parent should be ended. You have a right to be notified if anyone is trying to adopt your child, if you can be found, and the right to object to someone adopting your child. If you are low-income, you also have the right to a court-appointed attorney.