Adoption - Guide to Adoption Law


Adoption is the legal act of placing permanently a child with a person other than the birth parents. An adoption severs the parental responsibilities and rights of the birth parent(s) and transfers those responsibilities and rights to the adoptive ones. After an adoption is finalized, there is no legal difference between the adopted child and those born to the parents.

Adoption is part of the Family Law practice. Other practices related to Family Law are Alimony , Child Abduction, Child Support and Custody, Child Visitation, Collaborative Law, Divorce, Domestic Violence, Elder Law, Juvenile Law, Paternity, and Pre-nuptial Agreements among others.

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Adoption Law - US

  • Adoption Law Overview - Wex

    Adoption law is largely state law. The parent-child relationship established by adoption, however, may have direct consequences in areas of Federal law affected by family status such as Social Security. All 50 states have statutes governing adoption as defined under the Uniform Adoption Act.

  • Gay Adoption Issues

    Gay couples looking to adopt face a number of challenges that married, heterosexual couples do not. Adoption laws in the United States remain a patchwork quilt when it comes to lesbians and gay men adopting.

  • Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption

    The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) protects children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad. This Convention, which also operates through a system of national Central Authorities, reinforces the UN Convention on the Rights of the Child (Art. 21) and seeks to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children.

  • Indian Child Welfare Act

    The Indian Child Welfare Act was enacted to ameliorate the problem of the massive removal of Native American children from their homes by both state welfare agencies and private agencies and to ensure that those children, once removed, would be placed in homes that reflect their cultures and traditions.

  • U.S Deparment of State - Country Specific Information about Adoption

    As part of the Department of State’s Bureau of Consular Affairs, the Office of Children’s Issues actively engages in two issues that cross international borders: intercountry adoption and international parental child abduction.

  • Uniform Adoption Act (1994)

    The guiding principle of the Uniform Adoption Act is a desire to promote the welfare of children and, particularly, to facilitate the placement of minor children who cannot be raised by their original parents with adoptive parents who can offer them stable and loving homes. The Act is premised on a belief that adoption offers significant legal, economic, social and psychological benefits not only for children who might otherwise be homeless, but also for parents who are unable to care for their children, for adults who want to nurture and support children, and for state governments ultimately responsible for the well-being of children.

Adoption Law - Europe

  • British Association for Adoption & Fostering

    Acts of parliament, secondary legislation, and case law affecting fostering & adoption in the UK.

  • Center for Adoption Policy

    An overview of adoption laws in Austria, England, France, Ireland, Italy, the Netherlands, Portugal, Spain, and Sweden.

  • European Convention on the Adoption of Children

    Each Contracting Party undertakes to ensure the conformity of its law with the provisions of Part II of this Convention and to notify the Secretary General of the Council of Europe of the measures taken for that purpose. Each Contracting Party undertakes to give consideration to the provisions set out in Part III of this Convention, and if it gives effect, or if, having given effect, it ceases to give effect to any of these provisions, it shall notify the Secretary General of the Council of Europe.

  • European Convention on the Adoption of Children - Revised

    The member States of the Council of Europe and the other signatories hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage.

  • European Union and International Adoption

    Adoption-legally taking an individual born to others as one's own child-dates back to ancient times, though the practice has changed significantly over time and it is not common to all cultures. In recent times, adoption has become an international phenomenon that tests both precepts about natural human rights and the interface of different legal customs and systems.

  • Explanatory Report to the European Convention on the Adoption of Children (Revised)

    On 7 May 2008, the Committee of Ministers of the Council of Europe adopted the European Convention on the adoption of children (revised). The convention will be opened for signature in November 2008, in Strasbourg, on the occasion of the handover of the Swedish chairmanship of the Committee of Ministers to Spain. Several member states have already welcomed this development and expressed their readiness to ratify the convention in the near future.

  • Scotland - Adoption Law and its Interface with Immigration and Asylum Law

    The principal Act for adoption in Scotland is the Adoption (Scotland) Act 1978 as amended by the CSA 1995.

Adoption Law - International

  • Adopting Challenges in Central Asia

    By Kazakhstan law, a family can only adopt a child if it does not have legal parents or living relatives. If there are also any other couples from Kazakhstan that have expressed a desire to adopt, then these American families would not have been considered.

  • Adoption Agencies in Japan

    Prospective adoptive parents may find children available for adoption in Japan either through the Japanese Family Court and the Child Guidance Center (often located in the City or Ward Office) or through private parties such as missionaries, social welfare organizations, or adoption agencies..

  • Adoption Law - Kazakhstan

    Links and unofficial translations of some of the Kazakhstan laws affecting adoption.

  • Christian Law of Adoption in India

    Christians in India can adopt children by resort to section 41 of the Juvenile Justice (Care and Protection of Children) Act 2006 read with the Guidelines and Rules issued by various State Governments. Apart from that there are customary laws permitting them to adopt children especially in Punjab.

  • Classical Religious Perspectives of Adoption Law

    This article places modern adoption legislation in a historical context by providing a historical overview of the regulation of adoption and the rights of children and parents in the three Abrahimic faiths: Orthodox Judaism, Roman Catholicism, and Sunni Islamic law.

  • Decision on the Revision of the Adoption Law of the People's Republic of China

    Adopted at the 5th Meeting of the Standing Committee of the 9th National People's Congress on November 4, 1998 and promulgated by Order No. 10 of the President of the People's Republic of China on November 4, 1998. The 5th Meeting of the Standing Committee of the 9th National People's Congress hereby decides to make the following revisions in the Adoption Law of the People's Republic of China.

  • Intercountry Adoption and Child Abduction - New Zeland

    New Zealand is party to two key Hague Conference conventions dealing with the protection of children in situations of intercountry adoption or international child abduction. In this websites you will find useful information on adoption legislation in New Zealand.

  • International Adoption - by the U.S. Department of State

    American citizens are seeking to adopt children in ever increasing numbers. With the reduction in children available for adoption in the United States, more and more U.S. citizens have adopted children from other countries. This year, thousands of children came to the United States from foreign countries, either adopted abroad by U.S. citizens or as potential adoptees.

  • Korean Adoption Blog

    Latest news and legal information about the adoption of a child from Korea.

  • New Law to End Adoption Business - Guatemala

    The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, ratified by the Guatemalan Congress on May 21, was created to ensure that international adoptions take place in the best interests of the child, and with respect for their fundamental rights, and to prevent the abduction, sale of, or traffic in children.

  • Politics of International Adoption

    The Census Bureau has described in great statistical detail how the shape of the American family has changed dramatically over the last fifty years. Put bluntly: American families no longer look like the Cleavers. The practice of international adoption has contributed to this change, bringing into families children who are not biologically related to parents and who are often of other races. While international adoption has grown, it has not been without controversy. Article by Peter Conn, Professor of English at the University of Pennsylvania, and the former Chair of the Board of Pearl S. Buck International.

  • Recent Amendment of China's Adoption Law - An Overview

    The adoption law applies across the board to all adoptions in the PRC; it includes adoptions of orphaned, abandoned, and handicapped children in social welfare institutions, adoptions of blood relatives and step-children, and adoptions of non related children still living with their birth families or guardians. this articles discusses only those amendments that have relevance to most foreign adopters.

Organizations Related to Adoption Law

  • Adoption & Child Welfare Lawsite

    The LawSite is a single online source of child welfare and adoption law information for adoptive and foster parents, biological parents, child and family lawyers, juvenile and family court judges, agency personnel and child advocates of all kinds. The LawSite provides statutes, regulations, key cases, and explanatory materials, and many other resources for child welfare and adoption information.

  • Adoption-Friendly Workplace

    The National Adoption Center and the Dave Thomas Foundation for Adoption have launched the Adoption and the Workplace initiative to encourage employers to offer adoption benefits and to help employees find out how to advocate for benefits at the workplace. Here is a brief list of information that you'll find: 1) What you need to know about adoption benefits; 2) A list of employers that have adoption benefits; 3) A survey for employers to fill out; 4) An order form to buy materials; 5) Comments of families who have received benefits; 6) Tax credit information.

  • Adoption.com

    Adoption law differs from state to state, and federal laws also affect many procedures connected with the adoption process. It's important that adopting and placing parents, as well as those searching for family members, learn what these laws allow.

  • American Association of Open Adoption Agencies

    The purpose of these AAOAA pages is to give you the best information possible about adoption. The information here will help you find the agency providing the highest quality of infant and older child adoption services.

  • Dave Thomas Foundation for Adoption

    Nonprofit public charity dedicated to dramatically increasing the adoptions of the more than 150,000 children in North America's foster care systems waiting to be adopted. Created by Wendy's founder, Dave Thomas, who was adopted as a child, the Foundation leads signature national service programs and works to streamline the adoption process and make adoption more affordable for families.

  • Evan B. Donaldson Adoption Institute

    The Evan B. Donaldson Adoption Institute periodically publishes Policy Perspectives briefs focusing on important and timely questions in adoption. By examining key issues the Institute furthers its effort to provide accurate, research-based information, enhance understanding and perception of adoption, and work for better laws, policies and practices.

  • Joint Council on International Children’s Services

    As one of the oldest and largest child welfare organizations, Joint Council on International Children’s Services is the lead voice on intercountry children’s services. With a mission to advocate on behalf of children in need of permanent, safe and loving families, Joint Council promotes ethical child welfare practices, strengthens professional standards and educates adoptive families, social service professionals and government representatives throughout the world. International child welfare agencies, child advocacy groups, parent support groups and international medical clinics choose membership in Joint Council as a means to address the critical issue of parentless children and creating permanent solutions.

  • National Center for Adoption Law & Policy

    The National Center for Adoption Law & Policy seeks to improve the law, policies, and practices associated with child protection and adoption systems. Every day we work towards realizing the goal that all children -- especially those who have been abused or neglected or are dependent on the state for their care -- have safe, healthy, permanent homes. Our primary tools in this regard are education, advocacy, and research.

  • North American Council on Adoptable Children

    NACAC promotes and supports permanent families for children and youth in the U.S. and Canada who have been in care—especially those in foster care and those with special needs.

Publications Related to Adoption

Articles on HG.org Related to Adoption Law

HG.org Resources on Family Law

  • Guide to Child Abduction Law

    Child abduction is the abduction or kidnapping of a child by an older person. By far, the most common kind is parental child abduction and often occurs when the parents separate or begin divorce proceedings. A parent may remove or retain the child from the other seeking to gain an advantage in expected or pending child-custody proceedings or because that parent fears losing the child in those expected or pending child-custody proceedings.

  • Guide to Child Support and Custody

    Child Support is the amount of money paid by one parent to contribute to the economic maintenance of their child. It may include a monthly court-ordered amount, medical and dental support, and child care support. Child Custody is a court´s determination to determine the legal and physical custody of a child or children. It may be granted to natural parents and to other parties such as grandparents.

  • Guide to Collaborative Law

    Collaborative law is a binding, non-litigation approach to solving legal problems way in which the attorneys for both of the parties in a family dispute agree to assist them in resolving conflict using cooperative strategies outside the courthouse.

  • Guide to Divorce Law

    Divorce is the legal mean to dissolute or terminate a marital relationship between two people. Divorce laws are different in every state and in every country.

  • Guide to Domestic Violence

    Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another. Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners. Domestic violence occurs in all cultures; people of all races, ethnicities, religions, sexes and classes can be perpetrators of domestic violence. Domestic violence is perpetrated by both men and women.

  • Guide to Elder Law

    Elder law is the field of law that deals with the issues faced by the elderly. The major categories that make up elder law are: estate planning; wills; trusts; guardianships; protection against elder abuse, neglect, and fraud; end-of-life planning; disability and medical care; retirement planning; Social Security benefits; Medicare and Medicaid coverage; nursing homes and in-home care; physicians' or medical care directives, various levels of advice, counseling and advocacy of rights; tax issues; and discrimination.

  • Guide to Family Law

    Family law is an area of the law that deals with family-related issues such as marriage, civil unions, domestic partnerships, adoption, surrogacy, child abuse, divorce, annulment, property settlements, alimony and parental responsibility.

Family Law Attorneys