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You are here: Home > For Prospective and Adoptive Parents > For Adoptive Parents > Legal Considerations for Adoptive Parents
Legal Considerations for Adoptive Parents
Publications and resources that cover pertinent legal issues including consent to adoption and State regulation of adoption expenses.
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Access to Family Information by Adopted Persons
In nearly all States, adoption records are sealed and withheld from public inspection after the adoption is finalized. Most States, therefore, have procedures by which parties to an adoption may obtain nonidentifying and identifying information about an adopted person and the adopted person's birth relatives from an adoption record. This resource, current through June 2004, provides definitions of nonidentifying and identifying information, an overview of who may access such information, and information about access to original birth certificates.
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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
Requirements regarding collection of information about those involved in an adoption differ from State to State. Each State establishes its own guidelines regarding who can collect information and what kinds of information may be collected regarding the child to be adopted, the birth parents, and the adoptive parents. This document, current through July 2003, summarizes these State statutes.
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Cooperative Adoptions: Contact Between Adoptive and Birth Families After Finalization
This resource discusses guidelines for legislation allowing adoption with contact agreements, statutes permitting enforceable contracts, and other State laws. It then presents citations and text of State laws related to formalized open adoption agreements. The print version is current through September 2003.
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Disclosure of Confidential Records
This report summarizes state laws regarding the protection of confidential child abuse and neglect records. The review includes a table that identifies the agencies and individuals permitted by each state to access records, such as the courts, law enforcement, physicians, attorneys, employers, review teams, and the public.
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Intestate Inheritance Rights
Issues of property distribution may arise when a birth parent or adoptive parent dies without making a valid will or without naming an heir to particular property (referred to as "intestacy"). In these cases, State law determines who may inherit from whom. All 50 States and the Territories of the United States specify an adopted child's rights of inheritance from and through the adoptive and biological parents. Current through July 2003, this document sets forth the laws of each State and Territory regarding intestate succession as it affects adopted children.
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National Center for Adoption Law and Policy
Online resource for child welfare and adoption law information.
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Permanency Planning: Best Interests of the Child
Whenever a court must make a determination as to the custody and/or placement of a child, or must decide on a petition for termination of parental rights, the court must weigh whether that decision will be in the best interests of the child. All States and Territories require that the child's best interests be considered whenever such decisions regarding a child's placement are made. This resource contains the text of the "best interests of the child" statutes for 47 states, 3 territories, and the District of Columbia. The print version is current through September 2003.
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Resources for State Adoption Statutes
This briefing provides information on how to obtain full-text copies of pertinent State adoption statutes, including legal citations, contact information and fees to order print copies, and, when available, web site addresses for specific State statutes online. Information is provided for all 50 States, the District of Columbia, and 4 territories.
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Summary of Laws Regarding International Adoptions Finalized Abroad: 50 States and 5 U.S. Territories
This resource provides information regarding intercountry adoption law in the 50 States, the District of Columbia, and 5 territories. Twenty-six States and one territory grant recognition to foreign adoption decrees. In 17 States, re-adoption is allowed by statute. Eighteen States, the District of Columbia, and 4 U.S. territories do not address intercountry adoption in their statutes. 1 table.
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A Service of the Children's Bureau, Administration for Children and Families,
U.S. Department of Health and Human Services
For more information, contact:
National Adoption Information Clearinghouse
330 C Street, SW
Washington, DC 20447
Phone: (703) 352-3488 or (888) 251-0075
Fax: (703) 385-3206
E-mail: naic@caliber.com
Updated on July 20, 2004 by webmaster_naic@caliber.com.
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