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April 17, 2021

Tag: Adoption

What are the Different Types of Adoptions in Georgia?

Wednesday, 12 February 2020 by Kara Lawrence

 

There are many types of adoption here in Georgia.  Here is some general information to help you decide which type of adoption is best for you and your spouse to expand your family.  

 

 

Here is a great list of the basic types of adoptions in Georgia:

  • Independent/ Private Adoptions
  • Private Agency Adoptions
  • DFCS adoptions
  • Relative Adoptions
  • Step-parent Adoptions
  • International Adoptions

So what does each of these types of adoption really mean?

Private Agency Adoption – These adoptions are adoptions in which the child is placed with the adoptive parents through a child placing adoption agency licensed in the state of Georgia.  A pre-placement home study, criminal background check, child’s background information form, and agency’s written consent to the adoption will be required to a private agency adoption

Department of Family and Children Services (DFCS) Adoptions – These involve the adoption of children who have been in DFCS custody in the foster care system.  DFCS adoptions have the same basic requirements as private agency adoptions.  Most often these children qualify for adoption assistance which can help with legal fees, provide a monthly stipend, and Medicaid for the child.  It is critical that you get approved for this assistance before you finalize a DFCS adoption.

Independent/ Private Adoptions  –  In an independent or private adoption the child is placed directly with the adoptive parents by the child’s biological mother, or by both biological parents, often with the involvement of an adoption attorney.   A pre-placement home study and criminal background check are still required, usually by a licensed adoption agency or qualified social worker.

Stepparent Adoptions – In a stepparent adoption, the stepparent adopts the child of his/her spouse with consent of the spouse. (i.e. the child’s custodial parent).  It is also necessary for the parental rights of the non-custodial parent to either be surrendered or to be terminated in court before the stepparent can adopt the child.  A pre-placement home study is not required for a step-parent adoption, but a criminal background check and court report (verifying the facts in the petition) is required before finalizing the adoption. 

Relative Adoptions – In a relative adoption, the petitioner must be related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great-aunt, great-uncle, or sibling.  A pre-placement home study is not required for a relative adoption, but a criminal background check and court report (verifying the facts in the Petition) is typically required before finalization of the adoption

Note: Other relatives, even though related by marriage or blood, such as cousins, do not meet the definition of relatives for the purpose of “relative adoption”.

International Adoptions – International Adoption is when you work with an international licensed adoption agency to adopt a child from another country.  It can be a complicated process and the adoption, and immigration of the child to the United Sates, must be approved by both the other country and by the U.S. State Department. 

If you and your spouse are considering expanding your family through adoption we encourage you to contact us.   We would love to help guide you through all of the options.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

AdoptionDFCS AdoptionsInternational AdoptionPrivate Agency AdoptionsRelative AdoptionStepparent Adoptions
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  • Published in Adoption, Family
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Why You Should Adopt Your Internationally Adopted Child Again!

Monday, 03 June 2019 by Kara Lawrence

People are often confused about whether or not they are required to domesticate their foreign adoption, or “re-adopt” their internationally adopted child.  Do you know what to do?

Here is a Simple Rule of Thumb:

  • If your child was issued an IR-3 or IH-3 immigrant visa, you are not required under federal law to readopt your child, or “domesticate” your foreign adoption, here in the U.S.  
  • If your child entered the U.S. with an IR-4 or IH-4 visa, where the adoption was not completed overseas, re-adoption within the United States is required. This is common in cases where you were given a legal Guardianship (or custody) by the foreign country giving you permission to bring the child into the United States for the purpose of adoption.  You will need to finalize your adoption as soon as possible in your home state upon your return to the United States.  United States citizenship can then be applied for and obtained for your child.

But your analysis should not stop there.  Even if you received a Final Decree of Adoption (and your child was issued an IR-3 or IH-3 visa) in the foreign country and are not required to domesticate your foreign adoption (re-adopt), there are important practical reasons to domesticate your foreign adoption in your home state. 

  • Domesticating your foreign adoption decree allows you to obtain a United States birth certificate (“Certificate of Foreign Birth”) for your child from your home state. This will allow you to obtain certified copies of your child’s birth certificate in the future should you ever need any (which definitely happens). 
  • Domesticating your foreign decree will allow you to legally change your child’s name.
  • Domesticating your foreign decree also provides you with an American adoption decree should your foreign decree ever be lost, damaged, or called into question.

For more information on international adoption please call us anytime for a consultation.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

AdoptionForeign Adoption Domesticate AdoptionImmigration
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  • Published in Adoption, Family, Family-Based Petition
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