ALL ABOUT ADOPTION SYSTEM IN THE UNITED STATES OF AMERICA

In the United States, there are various types of adoption. Most adoptions happen through a stepparent, others include foster care adoption where the government takes care of the child. International adoption of children who were not born in the United States and private adoption where there is no government involvement of any kind. Between five and seven million Americans are adoptees.[1] In many instances, adult adoption is also possible that is above the age of 18 years old. Let us learn in brief how the adoption process takes place with the help of this article.

In the United States, most adoptions involve a child being adopted by a person who is married to a birth parent, or by another existing relative.[2] When a child is adopted by either a stepmother or stepfather, it is called stepparent adoption. If the child is adopted by a person who lives with, but is not married to, a birth parent, then it is called a second-parent adoption.[3] These are also called known-child adoptions where the child is adopted by a close family member or a family friend.

Generally, stepparent adoption requires consent from all living, legally recognized parents.[4] The process usually terminates the rights of the non-custodial parent.[5] The parent whose rights are terminated will no longer need to pay child support or have any other responsibilities for the adopted child.[6] In most, but not all US states, the child’s right to inherit property after the death of the birth parent is also ended.[7] When adopting older children generally they are supposed to give their consent if they want to be adopted.

The U.S. Department of State has designated the Intercountry Adoption Accreditation and Maintenance Entity, Inc. (IAAME), as the accrediting agency responsible for accreditation, approval, monitoring, and oversight of adoption service providers that provide intercountry adoption services in the United States.[8] The agency oversees all international adoptions. As of 2021, fewer than one infant out of every 200 born each year are relinquished for adoption by the birth mother.[9] Approximately 55% of all U.S. infant adoptions are completed via independent adoption.[10] Additionally, approximately 3,000 infants were adopted from outside the U.S.[11] The estimated number of children adopted in the year 2000 was slightly over 128,000, bringing the total U.S. population of adopted children to 2,058,915.[12] As a result, prospective adopters may seek less cost prohibitive alternatives to adoption like fertility treatments or privately arranged adoptions.[13]

Legislation

The Preventing Sex Trafficking and Strengthening Families Act (H.R. 4980; 113th Congress) passed the United States House of Representatives on July 23, 2014.[14] It is a bill that would address federal adoption incentives and would amend the Social Security Act (SSA) to require the state plan for foster care and adoption assistance to demonstrate that the state agency has developed policies and procedures for identifying, documenting in agency records, and determining appropriate services with respect to, any child or youth over whom the state agency has responsibility for placement, care, or supervision who the state has reasonable cause to believe is, or is at risk of being, a victim of sex trafficking or a severe form of trafficking in persons.[15] [16] The bill H.R. 4980 passed the Senate on September 9, 2014, and President Obama signed it into law on September 29.[17]

“U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation (2020). Presents a series of reports on the Multiethnic Placement Act (MEPA), a law enacted in 1994 that prohibits child welfare agencies that receive Federal funding from delaying or denying foster or adoptive placements because of the race, color, or national origin of a child or prospective parents. The law also requires agencies to recruit foster and adoptive parents that reflect the racial and ethnic diversity of children in out-of-home care through diligent recruitment. The reports explore trends in transracial adoption over the past 25 years as well as attitudes about MEPA.”[18]

PROCESS:[19]

Foster Care Adoption: This process can happen in many different ways, and the best way to get started is by contacting your local Department of Child Services.
Domestic Infant Adoption: In the domestic adoption process, a woman experiencing an unplanned pregnancychooses adoption for her baby. Separately, hopeful parents work with an adoption agency to create adoption profiles and complete other requirements for adoption. Then, profiles are shown to prospective birth mothers, who choose a family to adopt their baby.
Private Adoption: In short, private adoption is a domestic adoption in which the prospective birth mother and hopeful adoptive parents work with a private adoption agency, like American Adoptions.

Requirements under U.S. Federal Law: “The federal agency that determines a person’s eligibility to adopt is U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security. You may not bring an adopted child (or a child for whom you have gained legal custody for the purpose of immigration and adoption) into the United States until USCIS determines that you are eligible to adopt from another country. You must meet certain requirements to bring a foreign-born child whom you’ve adopted to the United States. Some of the basic requirements include the following:

You must be a U.S. Citizen.
If you are unmarried, you must be at least 25 years old.
If you are married, you must jointly adopt the child (even if you are separated but not divorced), and your spouse must also be either a U.S. citizen or in legal status in the United States.
You must meet certain requirements that will determine your suitability as a prospective adoptive parent, including criminal background checks, fingerprinting, and a home study.”[20]

Read More:- Social Security Disability Laws

[1] "Adoption History: Adoption Statistics". pages.uoregon.edu. 

[2] "Stepparent Adoption: How to Start the Process". Parents. 

[3] "Adoption by Family Type: Second-Parent Adoption - Child Welfare Information Gateway". Child Welfare Information Gateway. 2019. 

[4] Ibid 2.

[5] Ibid 2.

[6] Ibid 2.

[7] "Stepparent Adoption" (PDF). Child Welfare Information Gateway. 2013.

[8] "The Role of the Accrediting Entity". U.S. Department of State.

[9] Khazan, Olga (2021-10-19). "The New Question Haunting Adoption". The Atlantic. 

[10] Independent adoptions

[11] Id 9.

[12] Kreider, Rose M (October 2003). "Adopted Children and Stepchildren: 2000" (PDF). census.gov. Archived from the original (PDF) on 31 October 2021

[13] Hansen, Mary Eschelbach; Hansen, Bradley A (May–June 2006). "The Economics of Adoption of Children from Foster Care". Child Welfare. 85 (3): 559–583. PMID 16999385. S2CID 19656549.

[14] "H.R. 4980 - All Actions". United States Congress.

[15] "H.R. 4980 - Summary". United States Congress.

[16] Kelly, John. "House, Senate Committees Make Deal on Adoption Incentives". The Donaldson Adoption Institute. 

[17] "PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT OF 2014". October 6, 2016.

[18] Federal Laws Related to Adoption - Child Welfare Information Gateway

[19] Below mentioned points are retrieved from: American Adoptions - An Overview of U.S. Adoption [How it Works]

[20] Who Can Adopt (state.gov)