Adopting a child is a major milestone in life. Love, excitement, and the new challenges of having a child in your life are probably top of mind for quite a while after the adoption becomes final. But there’s another topic you’ll need to make room for: estate planning. And one of the first decisions that parents need to make in that area is to choose their adopted child’s future guardian in the event of their untimely death.
It’s very important to name a guardian in your will. This allows a safe and stable home for the child immediately at this difficult time. But it’s natural to put that off — you have plenty of time, right?
One factor that can help motivate parents to get this taken care of is to think about what might happen if they were to die before making that decision.
Will the child go back to the birth parents?
Arkansas law allows single people to adopt children. A single parent can’t assume that there will be another parent to step in if they should die. So, in the absence of another adoptive parent, would the child be returned to the birth parents?
Fortunately, this is a question with a simple answer. An adopted child is legally the child of the adoptive parent or parents. The birth parents have no legal relationship with the child, so there is no path for the child to return to the birth parents.
The same is true of other biological relatives. For example, the biological grandparents no longer have a legal relationship with the child. A biological grandparent, aunt, or older sibling can’t step in and care for the orphan.
Will the child go to the adoptive parent’s partner?
In Arkansas, single people can adopt a child, but an unmarried couple cannot. If the adoptive parent left a partner, it is possible that this person could apply to adopt the child. This is especially likely if the partner has been involved in the child’s life and has a relationship with the child. It is not automatic, though.
The court makes the decision based on the best interests of the child. They may consider a close friend or family member of the adoptive parent or parents, but that is not a requirement under the law.
Could the child go into foster care?
If no guardian has been named and no suitable guardian steps forward, the court may place the child in foster care. The Department of Health Services would then try to find a family member of the adoptive parent or parents to serve as guardian for the child or, failing that, a good adoptive home.
What’s the solution?
The solution is simple: name a guardian as soon as possible. Heimer Law specializes in adoption and can help with estate planning for your new family, too.
Contact us for a free consultation.