What is Adoption?
Who can Adopt?
About The Birthparents
Is it Rights For You?
Adoption Requirements





Frequently Asked Questions

1. Who are the children?
2. Where are the children?
3. What are special needs?
4. Who can adopt?
5. What characteristics do agencies look for in prospective parents?
6. How do families become eligible to adopt?
7. We are now eligible to adopt; will we get any child we seek?
8. We are eligible to adopt; what can we do to make our search productive?
9. Why do people choose adoption?
10.Can I be involved in choosing the family for my baby?.
11.How will I know my baby is with a good family?
12. What rights does the father of the baby have?
13.If I choose adoption, when is my decision final?
14.What will my child be told about me and the adoption?
15.If I do make an adoption plan, will the sad feelings ever go away?
16.What are the eligibility conditions to adopt?
17.Must I be married to be able to adopt ?
18.Is there an age limit for a prospective adoptive parent ?
19.What Law is applicable to Adoptions ?
20.What is an illegal adoption ?
21.Is the age of the prospective parent a criterion in determining the selection of a child ?
22.Can I give specifications for the child I would like to adopt ?
23.Can I adopt if I already have a biological child?
24.What are the steps in the Adoption process ?
25.What are the Adoption Costs ?
26.Is there an order of preference in inter-country adoption ?
27.How long does the Adoption process take ?
28.What kind of information can I expect to get from the Indian Agency about the adoptive child ?
29.What is open adoption?
30.How do you terminate parental rights of the birth parents?
31.What is a stepparent adoption?
32.What is the ICPC and does it apply to me?

1.Who are the children?

They are children right here in the United States who are without permanent families due to neglect and abuse, and parental alcohol and drug abuse.

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2.Where are the children?

Most of the children are in the custody of state social services; a few are in the custody of private adoption agencies.

While waiting for permanent families, they live in foster or group homes and, sometimes, residential treatment centers.

Some of the children have been in alternative care for a long time and will have had many different placements while waiting to be adopted. For some the wait will never end. All but a few of the children are legally free for adoption. For the others who are legal risk, there is a court ordered consent to search for a permanent family.

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3.What are special needs?

In the field of adoption, "special needs" generally refer first to the age of the children waiting for adoption, the majority whom are between the ages of six and 18; then to psychological, behavioral, emotional, developmental, and medical problems associated with past environmental and biological causes.

The most prevalent environmental causes of special needs are neglect and abuse. Neglect alone is recognized to be the primary cause of a host of special needs in children. For older children waiting for adoption -- whose needs for nurturing and basic care (as well as emotional, spiritual, and intellectual growth) were often unmet in their birth families -- this is especially true.

Abuse, too, is a primary cause of special needs. Again, for older children waiting for adoption indications are that over 90% were physically and/or sexually abused prior to coming into foster care.
Biological special needs, which are those that originate with organic and/or genetic causes, are often further aggravated by neglect and abuse.


Examples of biological special needs include attention deficit/hyperactivity disorder, mental retardation, learning disabilities, cerebral palsy, seizure disorders, autism, and fetal alcohol and drug syndromes.

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4.Who can adopt?

The primary criteria are the ability to provide a safe, caring, permanent home; sufficient income to support a child; and good physical and mental health.

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5.What characteristics do agencies look for in prospective parents?

It might seem as if extraordinary folks would be needed, and although adopting older kids is often challenging, those who do it are just everyday kinds of folks.

There are lots of differences among adoptive parents, such as age, race, religion, economic status, and educational backgrounds, yet there are many things they share in common.

The common denominators are:
* Belief that permanency and families make a difference and that no child is a "throwaway."
* Willingness to ask for help.
* Willingness to learn new parenting tools (sometimes by trial and error!), even when you've got lots of previous parenting or other child care experience.
* Willingness to hang in there when the going gets tough!
* Ability to talk openly about sexual abuse and other things that are scary (scary not only to kids but to adults, too!).
* Ability to define family roles and provide safe boundaries for all family members.
* Ability to be realistic and flexible about themselves and their kids.
* Ability to laugh and maintain a sense of humor!
* Sufficient self-esteem to care enough about themselves and their kids to develop good support among family, friends, professionals, and community resources.

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6.How do families become eligible to adopt?

Families become eligible by having a special needs adoption homestudy done by a licensed adoption agency in the state in which they reside.

Each state designates which agencies to license for adoption services. In some, only the state human services department is licensed. In others, both public and private adoption agencies are licensed. Families may call their state agency or check the Yellow Pages of their local telephone directory under "Adoption ..." for listings of agencies in their community.

Although the format for homestudies varies among states and even among agencies in the same state, criminal background checks and current medical exams are required by law for all prospective adoptive parents.

The length of time the homestudy process takes varies among adoption agencies and among states. The time frame generally is somewhere between two to nine months.

A written document is made of the homestudy, which includes the personal history, health and financial statements, and criminal background checks for each adult living in the family home, as well as an assessment made by a social worker assigned to get to know and to evaluate the family. This document is the primary way that children's caseworkers get to know you. It is a recommendation by the adoption agency representing you that you are qualified to adopt children with special needs.

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7.We are now eligible to adopt; will we get any child we seek?

Not necessarily. The custodial agency may be evaluating a number of families for that child. The family chosen will be the one the agency feels can best meet the child's needs. That may mean a family skilled in dealing with post trauma stress, fetal alcohol syndrome, or ADHD. Or it may be a family who has access to special resources.

When an agency and you decide that you are the most appropriate family, the child's worker will set up a series of visits between you and the child. If the visits are successful, the child will come home to you.

When this supervisory stage has been successfully completed, you will go to court to legalize your child's adoption.

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8.We are eligible to adopt; what can we do to make our search more productive?

* Read the waiting child feature in your local newspaper.
* Read adoption books; listen to adoption tapes. * Attend Adoption Fairs and Adoption Parties.
* Attend conferences on adoption and parenting techniques.
* Educate your extended family and your friends.
* Participate in an adoptive parent support group and get wonderful support before, during, and after you adopt.
*If there is no adoptive parent support group in your community, start one!
* Acquaint yourself with counseling services that specialize in adoption issues, as well as educational and social services in your community.
* Begin to plan for the changes that a new child will bring to you and your family!


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9.Why do people choose adoption?

There are many reasons why Birthparents choose adoption; a single mother may want her baby to have two stable parents, a couple may feel they're too young or don't have the financial resources to raise a child. Others need to complete their education or are in the midst of career difficulties. Even married Birthparents may feel their relationship is not stable enough for a child or they cannot care for more children. Every Birthparent is unique so every reason is unique. Only you can make the decision about adoption and your reasons will be respected.

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10.Can I be involved in choosing the family for my baby?

Yes! You choose your adoptive couple if you want to. You can spend time with them to get to know them. Many Birthparents meet for dinner, go to doctor visits together, talk on the telephone and/or write to each other. You can be the one to hand the baby to them at the hospital. Or, you can make your choice without meeting them. Open adoption allows you to decide how open or private you want your relationship to be with the family you choose.

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11.How will I know my baby is with a good family?

You will know that your baby is with a good adopting family because you choose them, meet them and get to know them. Even if you prefer not to have much contact, your couple will be thoroughly evaluated in an adoption homestudy process done by the state they live in. This includes assessments of their marital stability, financial situation, lifestyle, and medical history. Then fingerprints will be taken to verify there is no record of criminal activity or child abuse. Their home will also be inspected by a social worker to ensure it is a safe environment for a child. We also provide education on adoption and parenting for them. After all of these requirements are met, the family may go before the adoption judge and finally be declared a permanent family.

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12.What rights does the father of the baby have?

If we know who he is, and we can locate him, he does have a right to know about the adoption. At times, a Birthfather may be hesitant about adoption at first, but then realizes that he may not have the time or resources to parent the child. Usually he just needs reassurance that he will not be shut out of the adoption process and can be involved if he chooses. We will speak to him for you if you would prefer and guide him through the adoption process. Our attorney is also available to advise him of his rights and responsibilities and execute the necessary paperwork. If he is not available, our attorney has a legal process to handle that situation as well.


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13.If I choose adoption, when is my decision final?

Under California law, your adoption placement agreement is signed once you have given birth and are medically discharged from the hospital. It is a good idea to think about your plans as early in your pregnancy as possible. Especially if you would like to get to know a family and want the baby to go home with them from the hospital. Once you have signed the Adoption Placement Agreement, you have thirty calendar days until it becomes irrevocable. On the 31st day, your adoption is irrevocable (permanent). You may sign a WAIVER, which eliminates the ninety-day grace period. Your counselor will discuss this with you if you choose adoption.


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14.What will my child be told about me and the adoption?

The couple who adopts your child will be given information about your background, family and medical history, interests and hobbies - what you are like as a person. They will learn how and when to share this information and how to answer your child's questions with love and sensitivity. They will explain the very difficult and unselfish decision you made when you decided adoption would be best for your child.


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15.If I do make an adoption plan, will the sad feelings ever go away?

YES! There may always be a bit of sadness in your heart that circumstances for you were not different. Amy an eighteen year old Birthmother once said,"Any remorse or sadness that I once felt, was replaced with the joy, warmth, love, security, and financial stability that my adoptive couple will provide for my child. I can now plan to reorganize my life and create a future for myself. I could not have accomplished this without the support and concern of the people at Adoption Network.


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16.What are the eligibility conditions to adopt?

Marital status

Married couples or single adults who have a steady income, sufficient to bear the family expenses and provide financial security for the child.

Age

a) Infants preferably up to 12 months can be placed with adoptive parents whose composite age is 85 years and where neither parent has crossed 45 years.

b) In the case of older adoptive parents, the age of the child has to commensurate as far as possible with the age difference of the parent e.g. a child is 1 year + may be placed with a 46 year old, 2 years with a 47 years old.

c) A child may be placed in adoption before it reaches the age of 12 as far as possible.

d) In case of Special Needs children with medical problems, the age limit of adoptive parents may be relaxed by CARA on case to case basis.

e) However, in no case the age of an adoptive parents should be above 55 years.


Family conditions

Those who live in a home environment comfortable for themselves and their child.


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17.Must I be married to be able to adopt ?

Not necessarily; married couples and a single female are both allowed to adopt

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18.Is there an age limit for a prospective adoptive parent ?

Yes, the minimum age is 21 years. A maximum age has not been specified; however, as a matter of practice, agencies do not encourage adoptions by persons who are more than 45 years of age.

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19.What Law is applicable to Adoptions ?

In-country adoptions can be made by Hindus under the Hindu Adoption and Maintenance Act (19..)Non- Hindus are not permitted by their religions to adopt and may take a child as a Ward under the Guardians…. Act (19..). NRIs may also, adopt under these Provisions.
A foreigner adopting from India, is given the child under the Guardian and Wards Act and is expected, within a period of 2 years, to legally formalise the adoption as per the Laws of the country of his/ her residence.


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20.What is an illegal adoption ?

An adoption legally formalised by a Court of Law, accords to the Adopted child inheritence and other status equivalent to that of a biological child. The formalisation of an adoption involves the issuance of a birth certificate in favour of the child where the adoptive parents are declared as the parents of the child. Once this is done, the child had all the rights as a biological child. Also, the biological parents cannot at a future date claim the child as their own.

Illegal adoptions are those where the legal process has not been followed. Sometimes (commonly, in India), a destitute child just enters the family fold and is brought up by the parents as their own. Likewise, adoptive parents sometimes obtain children clandestinely, through private hospitals/ other sources, and do not complete the legal process. Such children do not automatically have the rights of a biological child and the biological parents can claim rights to the child if they so, desire.

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21.Is the age of the prospective parent a criterion in determining the selection of a child ?

Yes, generally infants are not placed for adoption with older couples (beyond 40 years); an older couple has to adopt an older child one who has crossed infancy.

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22.Can I give specifications for the child I would like to adopt ?

Yes, you can specify the age, religion, birth status, skin colour, features, etc. However, with every additional specification, you are restricting the options/ choices.

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23.Can I adopt if I already have a biological child?

Yes, except that, you cannot adopt a second child of the same sex if you already have a biological or an adopted one.

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24.What are the steps in the Adoption process ?

The adoption process is determined by the following classification :
1. Domestic adoptions (Indian nationals including NRIs)
2. Inter- country adoptions

In-country Adoptions (Indian nationals including NRIs)

  • The formal process begins with registration ; the prospective parents must register with an agency of their choice. Registration involves documentation to declare intent to adopt, substantiated by documents establishing marital, financial , character and health status vis-à-vis suitability to adopt. A part of the documentation also, calls upon the prospective parents to indicate their choices if any, in selecting a child; the prospective parents may give specifications such as age, sex, religion, physical features, medical fitness, etc. about the child that they wish to adopt. The details of the documents required are given below:
1. An agency application form
2. Marriage Certificate/ affidavit
3. Medical Reports of both parents declaring general physical and mental fitness from a local physician.
4. Employment/ Income statement.
5. Bank Statement
6. Property Statement.
7. Character references from 2 persons known to the prospective parent(s).
8. Self Study Report.
9. Photographs (4 each of the prospective parent(s).
10. Consent letter from the wife (only in the case of adoptions under the Hindu….. Act, 19.. ) for the child to be adopted by the husband.
11. Undertaking that the Adoptive parents will participate in the follow-up process for monitoring the adaptability and progress of the child.

In case the prospective parent(s) have previously adopted a child, the following documents with regard to the child earlier adopted, must be provided in addition:
1. Integration report of the child (this is a report commenting on the adaption of the adopted child into the family and vice- versa. The report comments on matters such as health, generally followed daily- routine, motor development and physical activities, social adaptation, personality development and the views of the parents with regard to the adoption experience).
2. Copy of the Court Order
3. Medical Report commenting on physical and mental fitness from a local practitioner.
4. 4 photographs of the child

  • Post-registration and subject to preliminary documentation being complete, generally an agency social worker is assigned to the case. S/he will explain details of policies, procedures, legal requirements, payment schedules , documentation etc. to the prospective parents
  • The social worker will then, conduct a home study which involves a series of interviews/ home visits, aimed at helping prospective adoptive parents to think through their capacity to adopt a child and reconfirming the suitability of the prospective parents to go through the adoption process and to handle the responsibility of nurturing as their own, an adopted child. The home study document establishes the suitability of the prospective parents to adopt, and recommends further processing. A social worker may deny the request for adoption if she is not convinced about the suitability of the adoptive parents. In this case, the adoption request may be closed by the agency and an appropriate refund of fees may be made. If the application is approved, and subject to the applicable fees being paid, the process of selection of the child is initiated.
  • In keeping with the specifications if any, indicated at registration, the prospective parents may select their child. The child's medical records are made available by the agency. Prospective parents may initiate an independent medical examination if they so desire.
  • After the child is identified and subject to her being legally free for adoption, the prospective parents may take temporary custody of the child for the period of three months. This period is allowed for the prospective parents to review and revalidate their intention to adopt .
  • At the end of the period, the case is referred to the City Civil/ High/ District / Family Court for formalisation of the adoption. An adoption deed registered with the ………is issued.
  • A birth certificate declaring the adoptive parents as the parents/ guardians of the child is issued and the adoption process is complete.

Inter- Country Adoptions

Inter- country adoptions must be routed through a local agency in the country of location, which is also, recognised by the Central Adoption Resource Agency (CARA), Government of India . The foreign agency will undertake all the steps required to authenticate the request for adoption. The agency undertakes the Home study and is responsible for completion of documentation, payment of fees, visa and travel arrangements, etc. The agency will then make a request for adoption to an adoption agency in India authorised by CARA to undertake inter- country adoptions. A list of recognised Indian agencies, is available on the CARA Website (link). ).

The process in the country of location would on the lines similar to the process described below

1. Home Study. The assigned social worker will interview the prospective parent(s) and write out a 5-8 page document, stating who and what they are, and why she thinks they will make good parents. The social worker will get the home study ( 3 copies) notarized .
2. Birth Certificates. The prospective parent(s) (if applicable) must submit certified birth certificates.
3. Marriage Certificate. The prospective parent(s) (if applicable) must submit the official certified Marriage Certificate.
4. Financial Statement. This is usually a one page typed list of financial holdings and include a statement of assets, bank balances are, etc. This must be notarised.
5. Employer's Letter. This should be on the employer's letter head. He/She should simply state the position held, remuneration, length of employment, etc. If self-employed, an accountant will need to write up the details on his stationery; the signature of the accountant will have to be notarised
6. Medical Letters. A report on a basic physical checkup certified on doctor's Letter Head, must be submitted. The doctor will need to to sign a letter on his stationery certifying good health. Sometimes a specific form must be completed by the physician. This must be notarized
7. Police Reports. A statement from the police stating that there are no criminal records . Some states require fingerprints, some do not. These must be notarized.
8. Divorce Decree. 3 copies. From the Bureau of Vital Statistics.
9. Approval Notice from Immigration. The Immigration authorities must permit the adopted child to be brought into the country that you have adopted.

In India, in addition to the documents accompanying the request for adoption, the following are also, required:

1. Birth and Abandonment letter (this is a letter issued by the agency affirming that the child has been given up/ abandoned, and is free for adoption.
2. Passport and photographs of the child .
3. Valid visa
4. Escort letter (in case the child is escorted by persons other than the adoptive parents.).
Completion of the formalities in India involves the issuance of a no- objection, by CARA, authorizing the child to be placed in an inter-country adoption and, a birth certificate for the child by which the adoptive parents become the guardians of the child.


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25.What are the Adoption Costs ?

In the case of In-country adoptions, effective 01.11.2003, the CARA Guidelines permit an Adoption agency to recover costs, as follows.
  • Maintenance charges shall not exceed Rs. 15,000/- at the rate of Rs.50/- per day from the date of admission till the child is placed in pre-placement foster care.
  • In case of special medical care, hospitalization charges subject to a maximum of Rs. 9000/- may be claimed on production of actual bills.
  • Legal fees and scrutiny fees to be charged on actuals.
For Inter- country adoption the following costs may be recovered by the agency from the foreign adoptive parents:
  1. Cost of any surgical or medical treatment of the child against production of bills or vouchers duly certified.
  2. The Indian Placement agency processing the application of a foreigner for being appointed Guardian of a child with a view to its eventual adoption, should be entitled to recover from the foreigner, cost incurred in preparing and filing the application and processing it in Court including legal expensesadministrative expenses, preparation of Child study report, preparation of medical and IQ Reports, passport and visa expenses and conveyence expensesand that such expenses may be fixed by athe Court at a figure not exceeding Rs 6000.Any increase in maximum recoverable expenses in this regard would be done only with the approval of the Supreme Court of India. In so far as the maintainence or medical expenses incurred by the recognised placement agencies running homes for children is concerned they are entitled to receive reimbursement of such maintainence or medical expenses from the foreigner taking the child in adoption at a figure not more than Rs 78 per day from the date of selection of the child by the adoptive parents until the child is taken by the adoptive parents after they are appointed as Guardians. This outer limit of recoverable expenses may be reviewed by the Ministry of Welfare, Government of India, once in 3 years depending on escalation of expenses including cost of living.
  3. Cost of travel of the child from India to the receiving country and the cost of an escort, if the foreign recognised agency is unable to provide an escort.
  4. In case of disruption or failure of adoption, the cost of repatriating the child ti India if no alternative placement for the child is effected in the foreigner's country by the recognised foreign agency with the concurrence of the Indian agency.
  5. If it comes to CARA's notice that any recognised Indian agency charges more fees than the prescribed fees or tries to exploit financially the foreign enlisted agency, CARA may after giving an opportunity to such an agency to explain its point of view, suspend or revoke its recognition. Similarly if any foreign enlisted agency induces an Indian recognised by giving or offers more money than the prescribed fees for processing a case of Inter-country adoption of an Indian child, CARA may after giving an opportunity to such agency to explain its point of view, de-enlist the foreign agency.
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26.Is there an order of preference in inter-country adoption ?

Yes. As per the applicable CARA Guidelines, the order of preference for adoption of Indian children is as follows:
Indian Family resident in India.
Indian Family residing abroad.
One parent of Indian origin; couple residing abroad.
Foreign nationals


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27.Is a list of Indian & Foreign Agencies recognized by CARA available ?

The list of recognized Indian Adoption agencies is available on the CARA Web-site.
Likewise, a countrywise list of foreign agencies……


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28.How long does the Adoption process take ?

A domestic adoption (Indian parents in India) takes about 3-4 months after the child is identified.

An inter-country adoption (Non- Resident Indians and foreign nationals) may take longer- upto about 6 months after the child is identified.

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29.Which are the pre- registration documents ?

Domestic (not including NRIs)
  1. An agency application form
  2. Marriage Certificate/ affidavit
  3. Medical Reports of both parents declaring general physical and mental fitness from a local physician.
  4. Employment/ Income statement.
  5. Property Statement
  6. Character references from 2 persons known to the prospective parent(s).
  7. Self Study Report.
  8. Photographs (4 each of the prospective parent(s).
  9. Bank Statement
  10. Consent letter from the wife (only in the case of adoptions under the Hindu….. Act, 19.. ) for the child to be adopted by the husband.
  11. Photographs (4 each of the prospective parent(s).
  12. Undertaking that the Adoptive parents will participate in the follow-up process for monitoring the adaptability and progress of the child.

In case the prospective parent(s) have previously adopted a child, the following documents with regard to the child earlier adopted, must be provided in addition:

  1. Integration report of the child (this is a report commenting on the adaption of the adopted child into the family and vice- versa. The report comments on matters such as health, generally followed daily- routine, motor development and physical activities, social adaptation, personality development and the views of the parents with regard to the adoption experience).
  2. Copy of the Court Order
  3. Medical Report commenting on physical and mental fitness from a local practitioner.
  4. 4 photographs of the child

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34.What is a No- objection certificate ?
An inter- country adoption involves the issuance of a ‘No-Objection Certificate’ by CARA, authorizing the child to be placed in an inter-country adoption and is specific to the adoptive parent(s). The NOC involves the submission of a set of documents. Clearance time is generally 7-10 days. (at what stage does the issuance of the NOC arise?)

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35.What kind of information can I expect to get from the Indian Agency about the adoptive child ?
The Indian Agency should be able to provide information about the child's birth, age, religion, circumstances under which s/he came into the agency, medical history and legal status.

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30.What is open adoption?

Open adoption is when the adoptive parents maintain some communication or contact with the birth parents. Often, this means that the adoptive parents send a picture of the child and letter to the birth parents once a year. Some adoptive parents and birth parents develop a closer relationship and visit; some birth parents don't have any contact with the adoptive parents or child after the adoption.

In New Hampshire, there are some parents that have an open adoption arrangement. However, there is nothing in the adoption laws about open adoption, so any agreement about staying in contact with the child probably cannot be enforced in Court.

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31.How do you terminate parental rights of the birth parents?

he adoption cannot happen until the birth parents have agreed to the adoption or until the birth parents no longer have any rights to the child.

1. Consent to Adoption -- Often, the birth mother, and sometimes the birth father, have thought for a long time about the decision to place a child for adoption. In that case, the birth parents can go to Court and sign a document in front of the judge consenting to place the child for adoption. When the child is being placed by an adoption agency this is called Relinquishment of Parental Rights. The birth parents cannot sign these forms until at least 72 hours after the baby was born.

2. Termination of Parental Rights - the rights of the birth parents can be terminated without their agreement or even without their knowing about it in certain circumstances. If a birth parent has abandoned a child, or not supported the child, or done certain other things, that parent's rights can be terminated after the Court has had a hearing on this


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32.What is a stepparent adoption?

A stepparent adoption is when a child is adopted by his or her stepmother or stepfather. The natural parent and the stepparent both have to sign the petition to adopt. The rights of the other natural parent have to be terminated - by consenting to the adoption or by involuntarily termination of parental rights. Usually, the Court will not require a homestudy in a stepparent adoption, although the stepparent must still have a criminal background check and abuse/neglect registry check.

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33.What is the ICPC and does it apply to me?

The ICPC is the Interstate Compact on the Placement of Children. This is a law that deals with bringing children across state lines for adoption. If you are adopting a child from a different state, you need permission of the ICPC Administrator in that state before the child can leave. The ICPC Administrator in the child's home state will review papers to determine whether the child is free for adoption, health status, and the appropriateness of the adoptive home. Then, the ICPC in your home state will review the information and determine whether the child has permission to enter your home state. You need permission of both ICPC in the child's state and ICPC in your state to bring the child home.

If you are adopting a child from the same state, then you do not need to follow the ICPC requirements.


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