Growing Families Through Adoption: What You Need to Know About the Legal Process
By: K. Sloan Lambert, Esq.
Adoption is one of the most meaningful ways to build a family. Each November, during National Adoption Month, our family law attorneys at Melone Hatley, P.C. like to recognize the thousands of families formed through the adoption process and highlight the legal process – and emotional journey – that makes these life-changing connections possible.
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Why Adoption Matters
At its heart, adoption is about creating stability, love, and a sense of belonging for children who need it most. It allows individuals and couples the chance to open their homes and their hearts, while providing children a permanent family where they can grow and thrive.
The decision to adopt is rarely made lightly, as it represents a long-term commitment to support and guide a child throughout many years and all of life’s milestones. For children, it means security with the chance to grow up in a home where their needs are met and their future is supported. For families, it’s an opportunity to love, create bonds, and meaningfully care for another family member that extends beyond their natural biology. Communities thrive when we can strengthen their fabric by caring for children and ensuring they have safe and permanent homes.
What are the Key Types of Adoption, and How Do They Differ?
While every adoption has the same ultimate goal – providing a safe and permanent home for a child – the process looks very different depending on the type of adoption being pursued. Some families begin the process by working with a private agency, while others step in after fostering a child who needs long-term stability. In other cases, a stepparent may want to legally formalize a bond with a child they already share, or relatives step in to formally care for children when their biological parents are unable to do so. The main differences between these are who places the child, the legal processes involved, and the level of state involvement required to complete the adoption.
- Private adoption – These are arranged through agencies or private agreements, typically involving infants or young children. Private adoptions require the biological parents’ consent, comprehensive documentation, compliance with state-specific rules, and court approval.
- Foster care adoption – These involve children who have entered state custody due to neglect, abuse, or abandonment. They provide permanent homes for children who may have spent years in the foster care system and moved from place to place.
- Stepparent adoption – These adoptions occur when a stepparent wants to legally adopt their spouse’s child, creating a formal parent-child relationship. While these often waive home the study requirement, they require either the consent of the other biological parent or a court order terminating that parent’s rights.
- Relative or kinship adoption – These allow other family members, such as grandparents, aunts, uncles, or siblings, to adopt a child when the biological parents are unable to care for the child. While these are often more streamlined, courts will require proof that the adoption serves the child’s best interests.
- International adoption – In international adoptions, the family must comply not only with U.S. immigration law, but also with the adoption laws of the child’s birth country. In many cases, the Hague Adoption Convention applies, setting standards for transparency, child welfare, and ethical practices. Because international adoption requires navigating multiple legal systems, timelines can be lengthy and requirements rigorous.
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The Legal Process at a Glance
While adoption is a joyful and life-changing event, the legal framework behind it is designed to protect all parties involved. Consequently, courts require that every adoption follow a carefully structured process to ensure placements are safe, permanent, and in the child’s best interests. While every case is unique and jurisdictional rules can vary, most adoptions typically follow these stages.
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Termination of Parental Rights
Before any adoption can proceed, the biological parents’ rights must be legally terminated, making the child legally “free” for adoption. Termination can occur in one of two ways:
- Voluntary termination, where biological parents consent to the adoption, often after careful consideration and review of their rights.
- Involuntary termination, where the court determines that the parents are not fit due to neglect, abuse, abandonment, or failure to support.
This stage can be straightforward in voluntary cases but can require extensive court involvement in contested situations.
Home Studies
Most adoptions require prospective parents to complete a home study, providing the court with a professional evaluation of their ability to provide a safe and nurturing environment. A licensed social worker or agency typically conducts this process, which includes:
- Background checks and fingerprinting of the prospective adoptive parents
- Interviews with the adoptive parents and, sometimes, other household members
- A review of their financial stability, health, and lifestyle
- At least one visit to the family’s home
While often seen as intimidating, the home study is meant to confirm that the child will be placed in a safe and supportive home, not to exclude families unnecessarily.
Court Proceedings
The court will play a central part in the adoption process. Once the necessary consents, reports, and other documentation are filed, a judge will review the case to confirm that all legal requirements have been met. This includes ensuring that the termination of parental rights was valid, the home study supports the placement, and the adoption serves the child’s best interests.
At the final adoption hearing, prospective parents formally request that the court grant the adoption. If approved, the judge issues a final decree of adoption, which legally establishes the parent-child relationship. This decree provides adoptive parents with the same rights and responsibilities as if the child had been born to them.
Post-Placement Supervision
In many cases, especially agency or foster care adoptions, the process doesn’t end with the placement. Post-placement supervision ensures the transition is going smoothly and provides support for the family. During this period:
- Social workers may visit the home to check on the child’s adjustment.
- Families may be asked to provide progress reports or updates.
- Additional counseling and resources may be made available.
Only after the post-placement period is complete will the court finalize the adoption, making the parent-child relationship permanent in the eyes of the law.
Differences in Foster Care, Stepparent, and Relative Adoptions
While these steps are the backbone of every adoption, the process can look slightly different depending on the circumstances of the adoption.
- Foster care adoptions often involve more extensive oversight. Termination of parental rights is usually involuntary and follows lengthy child welfare proceedings. Home studies and post-placement supervision are mandatory, and the state remains actively involved until finalization.
- Stepparent adoptions are typically more streamlined. Because the child already lives with the stepparent, courts often waive home studies and post-placement supervision. In these adoptions, the main legal hurdle is obtaining consent or terminating the rights of the other biological parent.
- Relative or kinship adoptions fall somewhere in between these. Courts recognize the importance of maintaining family connections, so home studies and post-placement supervision may be waived or simplified. But the court still requires parental consent or termination of rights. It must also be proven to the court that adoption by the relative serves the child’s best interests.
Why These Differences Matter
Understanding the differences in adoption circumstances and types is important because they shape the timeline, cost, challenges, and oversight families can expect when deciding to adopt a child.
By recognizing the distinctions and requirements of each, families can approach adoption with clearer expectations and less frustration. Rather than being surprised by additional requirements or delays, adoptive parents are empowered to plan ahead and work closely with their attorney to effectively navigate the legal process. Most importantly, these differences reflect the law’s ultimate purpose, which is ensuring that every adoption is not only legally sound but truly serves the long-term needs and well-being of the child.
Adoption is more than just a legal process. It’s a life-changing commitment of love, stability, and belonging. While the steps may vary depending on circumstances, the goal is the same: creating forever families that enrich everyone’s life.
At Melone Hatley, P.C., we are honored to walk alongside families as they grow together through the adoption experience. We also believe successful adoptions depend on effective and compassionate professional collaboration. Our attorneys work closely with adoption professionals, child welfare organizations, family counselors, and social workers to ensure each placement prioritizes the long-term well-being of both the child and the family. By coordinating with agencies, licensed social workers, and adoptive parents, we help streamline communication and address the legal, emotional, and logistical aspects of the adoption journey. For more information about how we can support your efforts, call us at 800-479-8124,
About the author:
Sloan Lambert, Esq. is a family law attorney in the Virginia Beach office of Melone Hatley, P.C. Passionate about helping families grow and thrive, Sloan brings both empathy and strong advocacy skills to every case she handles. With experience in Virginia and Maryland courts and a background of excellence in trial advocacy, she is dedicated to guiding clients through the adoption process with care and precision.
Melone Hatley, P.C. is a woman-owned family law and estate planning firm proudly serving clients across Virginia, Florida, South Carolina, and Texas. We are committed to practicing law with both compassion and understanding – providing not just legal guidance but emotional support for families in transition. Our team takes a holistic approach to family law, working to protect the legal rights of clients while honoring the emotional realities behind their cases. Learn more at www.melonehatley.com.
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