Posted: August 15th, 2022

Define adoption, distinguish between an independent and agency adoption

Family Law
1) Define adoption, distinguish between an independent and an agency adoption, and distinguish between and open and a closed adoption.

2) Identify the basic steps in the adoption process.

3) Identify the kinds of circumstances in which a person’s parental rights may be terminated.

4) Identify the nature and purpose of permanency planning.

5) Identify who must consent to an adoption, under what circumstances a consent can be revoked, and three circumstances in which an adoption may be challenged.

Please use complete sentences and answer these questions in your own words so that you can demonstrate your knowledge of the topics.
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Family Law
1. Define adoption, distinguish between an independent and agency adoption, and distinguish between and open and closed adoption.
Adoption entails the act where an adult formally becomes a guardian to a child and acquires the responsibilities and rights of a child. On the other hand, there is a difference between agency and independent adoption (Wilson, 2016). Agency adoption entails the adoption of a child that is done through a licensed child-placing agency while independent adoption entails adoption process done through direct placement between the prospective adoptive parent and the birth mother. Additionally, open adoption entails the process where adoptive parents physically meet with the birth parents whole closed adoption entails the situation that the adoptive parents and the birth parents do not know each other nor where the child will be moved to.
2. Identify the basic steps in the adoption process.
The adoption of a child is done in a process. The first stage entails the checks, references and preparation of the applicants. The adopters are prepared through training; they are taken through researching for adoption as well as completing the adoption journey log (Wilson, 2016). Consequently, the adoptive parents are intensively prepared, assessed and trained before the child adoption is approved. In this stage, the adoptive parents are placed under a social worker who will later give a prospective adopters report regarding the adoption. Furthermore, the adoptive parents are taken through an adoption panel for purposes of approval. The panel is composed of different professionals such as educational, medical and social workers, adoptive parents, chairperson, adopted people and an independent panel advisor. The panel is involved in making the final decision on the adoption process. Moreover, the family of the child to be adopted is searched to provide the adoption plan and make agreements. Finally, upon the agreement, the adopted child can move into the new home before the court approves the prospective adopters as the legal parents.
3. Identify the kinds of circumstances in which a person’s parental rights may be terminated.
Different circumstances give rise to the termination of parental rights.
Parental termination can be affected when the child is neglected or abused, the child is subjected to deprivation, there is evidence of untreated substance abuse by the parents, the parents suffer from mental deficiency, mental illness and emotional stress, when the child is abandoned and when a crime is committed against the other parent.
4. Identify the nature and purpose of permanency planning.
The permanency planning entails the decision regarding permanent plans for a child being made within the specified timeframes. The planning ensures that a child is in a position to maintain relations with the family of origin and place of origin (Wilson, 2016). The permanency is conducted in a courthouse with a judge to focus on the future of the adopted child. The hearing happens for 12 months to ascertain effective permanency planning.
5. Identify who must consent to an adoption, under what circumstances consent can be revoked, and three circumstances in which an adoption may be challenged.
Different parties must consent to the adoption this includes the maternal parents of a child, the adoptive parents, appointed social worker, and an independent representative of the government (Wilson, 2016).
The adoption of consent can be revoked under different circumstances. The circumstance of consent revocation includes in the interest of the child if the courts find that the child would benefit from revocation, if there is fraud or duress in the course of adoption and elapse of the refusal timeframe.
There are circumstances that the adoption can be challenged such as when there is a need to protect the natural parents, when there is a need to protect the adoptive parents and when time set for adoption elapses.

Reference
Wilson, M. E. (2016). Family Law for the Paralegal: Concepts and Applications. Pearson.

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