STEP ONE: QUALIFYING TO ADOPT. With some exceptions, before you will be allowed to adopt you will have to be approved to adopt a child by a Certified Adoption Investigator. The Investigator will come up to your home to evaluate your suitability, will request that you provide character references, statements from your doctor attesting to your health, and will run criminal and DHS background checks. The investigator will also help evaluate what type of child you would like to adopt. When the process is completed the Investigator will prepare their report (Homestudy) indicating you are qualified to adopt. If for some reason you are not qualified, you will be notified of that fact, the reasons why you are not qualified, and the procedure for appealing the investigators determination you are not qualified. The vast majority of applicants qualify. Persons with certain criminal convictions involving children or who have a history of abusing a dependent adult or child are the persons most likely not to be approved.

The exception to the Homestudy requirement is if you are adopting a child within the fourth degree of consanguinity, the court may waive the Homestudy requirement; however, unless you already know you are going to adopt a relative’s child, the better course of action is to complete a Homestudy. If the court determines a Homestudy should be completed, and you have not done so, this will only delay the process and may cause the cost of the Homestudy to increase considerably.

STEP TWO: FINDING A BIRTHMOTHER. For most people Step One is a breeze, Step Two can be a bit more problematic. There are several ways to locate a birthmother. There a numerous agencies that will help match prospective parents with birth parents. Among these are Catholic Charities (www.dmdiocese.org/Charities.htm) and Abby's One True Gift Adoptions (www.onetruegift.com). Other qualified agencies are available as well. The services that agencies offer can vary widely, it is imperative that you do your homework as to what services they offer, what the costs will be, when the fees are due, and what type of adoption philosophy the agency follows.

Of course, you don't have to use an agency. You can do a lot through your own efforts. One way to increase your chances is to hand out business cards to as many people as possible; talk to your doctor about your desire to adopt a child, the more people who know you are interested in adopting and know how to contact you (hence the cards) the better off you will be. Occasionally, a birthmother will approach our office directly; however, we DO NOT encourage adoptive couples to solely rely on our office to locate a birthmother.

STEP THREE: WE HAVE A BIRTHMOM! NOW WHAT? Once a birthmother has been located and an agreement reached that she would like to have you adopt her baby, there are several issues that have to be addressed. These issues include identifying and locating the birthfather; determining what, if any, allowable expenses will be paid on behalf of the birthmother; and what arrangements will be made for birthmother notifying you when she goes into labor. Our office will work with you to make this part of the process go as smoothly as possible.

If at all possible, we try to contact the birthfather prior to the child's birth and persuade him to commit to the adoption plan as well. If we obtain information that the birthfather intends to resist the termination of his parental rights, we will discuss this with the adoptive parents as well as the birthmother. An evaluation will be made as to how difficult it may be to terminate the birthfather's parental rights and that evaluation shared with the prospective adoptive parents. Some of the factors that will be considered are whether the birth father has attempted to assist the mother, financially, emotionally and otherwise when he learned of the child's birth; and whether the birthfather has indicated a willingness to assist with the child after the child's birth. At that point a decision will be made by the adoptive couple as to whether they wish to continue to pursue an adoption. Prospective adoptive parents will explicitly be told that if the birth father shows an interest in helping the birth mother prior to birth; offers financial assistance, appears stable, indicates willingness to parent the child and has no negative history concerning children that it will be very difficult to terminate his parental rights. Of course, if the birthmother changes her mind the process is stopped.

STEP FOUR: HERE COMES BABY Once the baby has been born the legal process can start. Generally someone from our office will visit with the birth mother and reaffirm her intention to have the baby placed for adoption. Assuming she indicates she remains committed to the adoption plan, we will discuss with her plans for her to come in and meet with an Adoption Counselor to give a Personal/Social history and sign a Release of Custody. If we have been able to locate the birthfather, and he has indicated a willingness to do so, we will make arrangements for him to come in and meet with an Adoption Counselor to give a Personal/Social history and sign a Release of Custody. Arrangements will be made for the Release of the baby from the hospital and who will be taking care of the child.

STEP FIVE: THE RELEASE PROCESS After the child has been born for at least seventy-two (72) hours, the birthmother, and if possible the birthfather, will come in and sign Releases of Custody. After the Releases are signed, each birth parent has 96 hours to change their mind for any reason. If they do not seek to revoke their Release within the 96 hours, either one can still attempt to revoke their Release up to the time of the termination hearing. At that point, the birth parent would have to show good cause to be allowed to revoke their Release. Good cause generally means their Release was obtained through fraud, coercion, or misrepresentation of law or fact. If a birthparent seeks to revoke their Release, our office will consult with the adoptive parents as to what course of action we will take. Factors too numerous to list here would have to be considered in determining what action to take.

STEP SIX: THE TERMINATION HEARING After the Releases are signed by the birthparents, a Petition to Terminate Parental Rights will be filed. A hearing date will be obtained and a Guardian Ad Litem will be appointed to represent the child. If the birth father has not signed a Release and his whereabouts are unknown, an Order allowing service by publication will be obtained. Notice will be given to all necessary parties. On the day of the hearing the court will review the file. If no one appears the court will grant the Petition; in the event a birth parent appears and objects, the court will generally continue the matter to a later date and time for a contested termination hearing.

In the event there must be a contested hearing, the burden is on the Petitioner (which is usually myself or the adoption agency) to prove by clear and convincing evidence that the natural parent’s parental rights should be terminated and that the termination of their parental rights is in the child’s best interests. Prior to final hearing we will prepare information to show the court why the birth parent’s rights should be terminated. We may require the contesting parent to answer written questions (interrogatories); may ask they produce documents; admit certain statements of fact and may question them under oath in the presence of a court reporter.

Prior to final hearing, the Guardian Ad Litem will do an investigation of the contesting parent. Depending on the age of the child and the circumstances, the Guardian Ad Litem may also interview the child and any other persons he or she deems necessary. The Guardian Ad Litem will then make whatever recommendation he or she believies is in the best interests of the child. While not binding on the court, the recommendations of the Guardian Ad Litem are normally given a fair amount of weight.

The hearing itself is tried to a Judge. Jury trials are not permitted. Both parties can present information to the court in support of their position as to whether the natural parents parental rights should (or should not) be terminated. The court’s primary consideration is the best interests of the child.

If the court determines that the Petitioner has met the burden of proving a ground for termination and that termination is in the child’s best interests, the court will enter an Order terminating the parent’s parental rights. The parent may appeal the Judge’s ruling to the Supreme Court. If the parent whose parental rights are terminated appeals, no adoption can occur until the appeal has been decided. It should be noted that the vast majority of termination actions are NOT contested.

STEP SEVEN: THE ADOPTION HEARING If the court has terminated the parents’ parental rights or their decision to terminate has been affirmed by a higher court, then a Petition for adoption may be filed.

A Petition is prepared naming the adoptive parties as the Petitioner. Attached to the Petition would be the Order terminating the natural parents parental rights. Also attached would be the Social Histories for the natural parents as well as the Homestudy and the post placement reports done by the Adoption Investigator. As of the date of the adoption hearing, the child must have been in your care for at least 6 months.

Prior to hearing the Guardian Ad Litem will do another investigation of the proposed parents. Assuming the Guardian Ad Litem finds that the proposed parents are still qualified and that the adoption is in the child's best interest, the Guardian Ad Litem will file an Answer urging the court to approve the adoption.

The adoption hearing is fairly informal. The court will make findings that the statutory requirements have been met and will approve the adoption. Most Judges’ love doing adoptions and will pose for pictures and take other actions to make the hearing a memorable and enjoyable experience. A new birth certificate will be issued for the child and a new social security card obtained.

NOTE TO READER: THE FOREGOING INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE NOR IS IT INTENDED TO TAKE THE PLACE OF LEGAL CONSULTATION WITH AN ATTORNEY. IF YOU WOULD LIKE TO DISCUSS THIS MATTER FURTHER, PLEASE NAVIAGTE TO OUR “CONTACT US” PAGE AND FILL IN REQUIRED INFORMATION. IF YOU DISLIKE TYPING, CALL US (515) 288-3333 MONDAY THROUGH FRIDAY 8A TO 5P TO SET UP AN APPOINTMENT.