Adoption is a court process in which a person or persons become parents of someone that is not their biological child. Once the adoption is complete, the new parents are the only ones that will be recognized by the law. They will have the same rights and obligations as any other parent.

If your family is about to expand due to an adoption, or if you are in the process of considering whether an adoption is right for you, a Rochester Minnesota Adoption lawyer can help you navigate the issues that often come up in adoptions.

There are many types of adoptions, but the most common fall under one of these categories:

·          Open or Closed Adoption

·          United States based or International Adoption

·          Agency based or Individual Adoption

·          Stepparent Adoption

·          Adult Adoption

Closed adoptions are the most customary form of adoption. In closed adoption, the adoptive parents do not meet or know who the birth parents are and no contact information is exchanged. When the child grows up, he/she may not even know that he or she came into the family through adoption. Closed adoption files are usually sealed.

In an open adoption, on the other hand, the parties agree to some level of contact between the birth parents and the child after an adoption is completed. Open adoptions are starting to become more common. The birth parents can provide input in choosing their child's adoptive parents. Sometimes the birth parents and adoptive parents meet. Some families stay in touch through their adoption agency, especially on birthdays and holidays. Open adoptions may not be for everyone. It is important to consider all the facts in deciding which adoption is best for you.

Most adoptions are based in the United States, whether through an agency or individual placement. However, international adoptions are becoming more widespread as well, despite their great complexity. The complexity comes from the fact that to finalize an international adoption, you must follow the laws of the country from which you are trying to adopt, the federal laws of the United States, and the laws of Minnesota. There are several ways to complete an international adoption, the most common of which is to finalize the adoption in the foreign country before bringing the child to the United States.

It is important to thoroughly research of the laws of the country from which you are trying to adopt. Some countries have limitations as to who can adopt and how old the child can be. Additionally, you must work with the US Department of State and Immigration to obtain a visa for the child to enter the country.

An independent adoption is one in which the adoptive parents and the birth parents plan their own adoption. This guarantees the birth parents that only the family they have chosen can adopt the child. If this family does not complete the adoption, the birth parent retains the legal right to choose what happens next for the child. This is different from an agency adoption in which the birth parents give their legal rights to their child to the agency. This means that they have no legal guarantee that the family they have chosen will be the family to adopt the child. If the family they picked does not complete the adoption, the agency is not legally required to involve the birth parents in deciding on a new family. An independent adoption, subject to the approval of the Court, has no restrictions as to who can adopt. In an agency adoption, the agency has rules and guidelines which must be followed before the child can be adopted.

Stepparent adoption is addressed here in more detail.

With the exception of a few limited stepparent adoptions, the State of Minnesota requires a "home study" be prepared prior to approving the adoption. As part of the home study, there will be an investigation of the proposed adoptive parents including criminal history, medical examinations, financial fitness, and visits to the home. Adoptive parents may also have to meet requirements for adoptive parent training and counseling. The costs for the home study are not insignificant and adoptive families are responsible for such costs.

If you have additional questions about Adoption in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.