
"I’m interested in adopting a child. What are the steps I need to take?"
The decision to explore the adoption of a child can be exciting but also confusing. Many potential parents don’t know where to start. Cindy M. Floyd, a local family court attorney, suggests parents interested in adoption first attend an adoption fair because people involved in the different aspects and facets of adoption are available to share information.
This is a great time to start learning about adoption, as many local agencies and organizations celebrate November as Adoption Awareness Month in South Carolina.
Floyd has seen lives transformed, as children in bad situations are given better opportunities to grow and succeed in life.
“I love to do adoptions,” she says. “It’s one of the few happy times that you have in family court. Adoption is a great thing. It gets some of these kids that have been in the foster care situation for a long time out of there and gets them into permanent homes.”
Floyd offers some answers about the process of adopting a child. (For more information visit www.cmfloydlaw.com.)
Start the process/find a child
There are three ways to adopt a child. One way is to go through the Department of Social Services (dss.sc.gov). Another is to seek an overseas adoption, which entails going through an international adoption agency. The third option is via a private adoption.
Find an adoption attorney
Floyd keeps files for people wishing to adopt in case a possible fit arises. Files include a biography and/or photos of the family that can be as elaborate as or simple as they wish. She shows the biographies to those looking to give up a child so they can learn about the prospective family. Sometimes the birth parent and prospective adoptive family meet and talk and sometimes identities are hidden. Both families should decide whether they want a closed adoption, when neither party knows the identity of the other, or an open adoption, when both parties are aware of each other. It is up to all concerned as to how much or little contact they have once the adoption process is complete.
Next steps
Families that wish to adopt a child are required to have a home study completed by an adoption investigator, who is certified by the state of South Carolina. The investigator visits the home, conducts interviews and background checks and collects the prospective parents’ medical histories. An investigator’s job is to generally make sure the couple/family are appropriate adopters and have the financial ability to take care of a child.
A guardian ad litem also is appointed for the child, who is an attorney or trained volunteer who looks after the best interests of the child. That person will also do an investigation of the adoptive parents to make sure they are suitable.
Parents who pay expenses for the birth mother should keep an itemized expense list as this is submitted when filing for court.
Paperwork
File for adoption with the court, which takes three to six months to finalize. Once a court date is set, parents go to court and present testimony from guardian ad litem and others relevant to the case. And if all goes well the adoption will be granted by the court the same day of the hearing. The process for adopting blood relatives is much simpler.
Extenuating circumstances
By statute, adoptions aren’t supposed to take longer than six months; however, extenuating circumstances for good cause may speed up the process – for example, if the child is considered “special needs.” Adoption law considers special needs to include not only those with emotional or physical challenges, but also children older than 6, mixed-race children, and “sibling groups.” Some benefits may be available through the government to help cover a portion of the cost to adopt or assist with the special needs of the child after the adoption takes place.
Cost
The total cost to adopt a child can vary because attorneys charge different amounts, but Floyd estimates court costs to be around $5,000 for domestic adoptions.
There’s no turning back
Parents need to know that adoption is final and permanent, she says.
“Sometimes people adopt children, and they start having problems and then they want to undo the adoption. It’s just like if you give birth to that child. You’re saddled with the child for life. For good or ill. So you have all the rights and responsibilities.”
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