Adoption is a legal process, so it affects the legal rights of the people involved.
Adoptive parents
Once the adoption is finalized, adoptive parents have the same legal rights and responsibilities as biological parents, including the right to consent to medical treatments, enroll the child in school, and make other significant decisions.
Adoptive parents can give the child a new legal name if they choose to, including their family name. They can get a new birth certificate and a new Social Security number for their adopted child.
Birth parents
Once an adoption is finalized, the parental rights of the biological parents are legally terminated, and they no longer have any legal rights or obligations regarding the child.
Birth parents have a right to keep their names a secret. They can file a request for redaction with the Arkansas Department of Health and remove their names from all records. At the same time, they can give instructions in case their child tries to contact them. They can give permission for the adopted individual to contact them or to reach out through a third party. They can also say that they do not want to be contacted.
Adopted children
Adopted children have the same legal rights as biological children. For example, they have the right to inherit from their adoptive parents under the same circumstances as biological children. They no longer have rights of inheritance from their birth parents. Sometimes in novels it turns out that the hero was adopted by an ordinary family but is actually the biological son of a nobleman. In a novel, he might decide that he is the rightful heir to the manor, but in real life — if there was a legal adoption — that won’t happen.
Adopted children have the right to a safe, stable, and nurturing environment, just as all children do. They are entitled to the emotional, financial, and physical support necessary for their well-being.
In Arkansas, under Act 519 of 2017, adopted individuals can request their adoption files from the Department of Health when they are 21 years old. The birth parents have the right to remain anonymous, as explained above, but the other information is available upon request. If the adopted individual is no longer living, their spouse or guardian may also request these records in their stead.
Adoption laws vary by state and country, so specific rights and procedures can differ. It’s important to consult legal experts to understand the exact rights and responsibilities in your jurisdiction. The attorneys at Heimer Law are adoption specialists and can help you understand any legal questions about adoption.
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