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Gretchen Boger

Adoption: A Comprehensive Guide for Prospective Parents

March 14, 2024/in Family Law /by Gretchen Boger

Families come in all shapes and sizes. If you are planning to expand your family by becoming the parent of a child who is not biologically yours, you might be wondering how the adoption process works. This guide provides information about types of adoption, the steps you need to take, and where to get help. Adopting can be a complex and lengthy process, but having a better understanding of what’s involved can help you feel more prepared. 

Types of Adoption

The most common types of adoption include:

  • Private – Birth parents often choose and work directly with the adoptive parents. Adoption agencies can help facilitate private adoptions.
  • Foster care – Some families choose to adopt through the foster care system. Usually, parents will become temporary foster parents first and then pursue formal adoption later. Children in the foster care system might be older.
  • Stepparent, kinship, or relative – Stepparents or close relatives such as grandparents, adult siblings, or aunts and uncles can legally adopt and assume parental responsibilities for a child.
  • International – When you adopt a child from a different country, you must adhere to the adoption laws of the child’s country of origin as well as U.S. adoption laws. 

How the Adoption Process Works

While certain steps might be slightly different, depending on the type of adoption you pursue, in general, consider the following tips as you move forward.

  • Do some research – If you know families who have gone through the process, talk to them. Read books about adopting. Consider attending parenting classes. Get as much information as you can as early as you can.
  • Choose an adoption agency or professional facilitator – Although it might be tempting to pursue adoption more informally, it is in your best interests to work with an adoption agency, facilitator, or attorney to ensure that you understand your rights and the rights of the birth parents, as well as all relevant adopting laws. 
  • Explore financial assistance –  Adoption can be expensive, especially if international travel is involved. You can look into grants, loans, subsidies, the Federal Adoption Tax Credit, and even employer adoption benefits. Many prospective adoptive parents hold fundraisers (e.g., selling homemade goods with proceeds benefiting the adoption fund) to help them get started.
  • Participate in a home study – Your chosen adoption agency or facilitator will conduct a thorough investigation of your family home and lifestyle to ensure you are a good fit for a child. Background checks, home visits, financial assessments, and personal interviews may all be part of this lengthy process.

Once the above steps are complete, you will be matched with a child or a pregnant mother. The child will then be placed in your home, either in a foster-type relationship, or a more permanent pre-adoptive status. Periodically, a social worker will visit to monitor the transition for both you and the child. If all goes well, your adoption case will work through the family court system until it is finalized.

Talk to a Family Law Expert

The experienced family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) are well-equipped to guide you through the complex process of adoption. When it comes to drafting, reviewing, and filing legal documents; ensuring you understand the adoption laws in your state (or another country, in the case of international adoption); and representing you in family court (especially in contested adoptions), it helps to have a team on your side. Call us at 408-553-0801 for a free 30-minute consultation to discuss your case. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Gretchen Boger

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Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.

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Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

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