Adoption is always a complex process, but there are often legal and practical differences when the would-be adoptive parents are relatives of the child. About one third of all legal adoptions are people adopting a child who is a relative.
Domestic adoptions of family members
In Arkansas, adopting a family member is generally simpler than adopting a non-family member. This is because the adoptive parent often already has a pre-existing relationship with the child, which can streamline the process. However, there are still legal requirements to be fulfilled, even when adopting relatives.
The biological parent(s) must consent to the adoption, unless their parental rights have been terminated. Older children must also consent to their own adoptions.
A home study is typically required to assess the suitability of the adoptive home. This involves a background check, financial review, and interviews with the adoptive parents. While this step may be sidestepped with a stepparent adoption because the child is already living in the adoptive parent’s home, it is just as important for a family member as for an unrelated adoptive parent. Some social workers point out that grandparents, often the petitioners in kinship adoptions, may have limited financial resources or safety issues in their homes.
The adoption must be finalized in court, where a judge will review the case and ensure that the adoption is in the best interests of the child. There are cases in which a parent has lost their parental rights because of abuse or other serious problems, and a court may think it likely that the parents will allow more contact with the birth parents than they consider safe.
International adoptions of relatives
International adoptions of family members can be more complex due to differing legal systems and cultural norms. However, a new law is set to simplify this process in 2025. This law will establish a streamlined procedure for international adoptions of family members, making it easier for families to unite across borders.
The new rules will require adoption professionals to oversee a home study, to check up on the child’s well being until the final adoption, and to provide safe custody of a child if their adoption is disrupted after they have left their home country. It no longer requires long-term monitoring after the adoption.
The law applies to parents, siblings, grandparents, aunts, uncles, nieces, and nephews. These relationships include the analogous relationships by marriage or adoption. The rule specifies that the relationship must be between the child and the adoptive parent, and that the relationship must exist before the adoption.
The rule also clarifies that people with more distant relationships may adopt — for example, an American woman could adopt her Russian great-niece or second cousin. However, in such cases, the usual rules would apply, not the streamlined rules for relative adoptions.
Whatever the special circumstances of your adoption journey may be, Heimer Law can help. We specialize in adoptions and have extensive training and experience. We also provide free initial consultation.
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