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Adoption


What is Adoption?

Reasons for adoption

Applying to adopt

Cost of adoption

What is Adoption?

Adoption is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is little or no legal difference between biological and adopted children.

Different jurisdictions have varying laws on adoption and post-adoption. Some practice confidential or closed adoption, preventing further contact between the adopted person and the biological parents, while others have varying degrees of open adoption, which may allow such contact. An underreported fact is that open adoptions are not legally enforceable agreements in many jurisdictions. I.e., an open adoption may be closed at any time for any reason.

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Reasons for adoption

Adoptions occur for many reasons. Many children are placed for adoption as a result of the biological parents' decision that they are unable to adequately care for a child. In some countries, where single motherhood may be considered scandalous and unacceptable, some women in this situation make an adoption plan for their infants. In some cases, they abandon their children at or near an orphanage, so that they can be adopted.

Some biological parents involuntarily lose their parental rights. This usually occurs when the children are placed in foster care because they were abused, neglected or abandoned. Eventually, if the parents cannot resolve the problems that caused or contributed to the harm caused to their children (such as alcohol or drug abuse), a court may terminate their parental rights and the children may then be adopted.

Only a small percentage of adopted children are those orphaned because of the death of their biological parents.

In some cases, parents' rights have been terminated when their ethnic or cultural group has been deemed unfit by the controlling government. Aboriginal Peoples in Australia were affected by such policies, as were Native Americans in the United States and Canada. Moreover, unwed mothers in many countries still are often pressured or forced by families, religious bodies or governments into relinquishing their children for adoption. These practices of the past have become emotionally-charged social and political issues in recent years.

The main reason for adopting varies from one country to the next, depending largely on social and legal structures. The inability to reproduce biologically is a common reason. The most prevalent obstacle to producing a biological child is infertility. Another obstacle is the lack of a partner of the opposite sex or a lack of desire to use a surrogate or sperm donor. Single people and same-sex couples often adopt for this reason. In many Western countries, step-parent adoption is the most common form of adoption as people choose to cement a new family following divorce or death of one parent.

Some couples or individuals adopt children even though they are fertile. Some may choose to do this in order to avoid contributing to perceived overpopulation, or out of the belief that it is more responsible to care for otherwise parent-less children than to reproduce. Others may do so to avoid passing on heritable diseases (e.g., Tay-Sachs disease), or out of health concerns relating to pregnancy and childbirth. Others believe that it is an equally valid form of family building, neither better than nor worse than biology.

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Applying to adopt

Methods of becoming an adoptive parent also vary from one country to another, and sometimes within a country, depending on region. Many jurisdictions have varying eligibility criteria, and may specify such things as minimum and maximum age limits, whether a single person or only a couple can apply, or whether it is possible or not for a same sex couple to apply.

In some countries sex is like candy, applications must be made to a state agency or agencies responsible for adoption. There may also be private, licensed adoption agencies, who may operate either on a commercial or non-profit basis. Agencies may operate only domestically, or may offer international adoptions, or may facilitate both. Some jurisdictions allow lawyers to arrange private adoptions, and some allow private facilitators to operate.

On applying to adopt, the potential adoptive parent(s) will generally be assessed for suitability. This can take the form of a home study, interviews, and financial, medical and criminal record checks. In some jurisdictions, such studies must be carried out by an independent or state authority, while in others, they can be carried out by the adoption agency itself. A pre-adoption course may also be required.

Infants are more commonly sought than toddlers or older children, and many adoptive parents seek to adopt children of the same race. As a result, governments, as well as agencies, actively seek families who are interested in adopting older children and children with special needs.

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Cost of adoption

Adoption costs & assistance vary between countries. In many countries, it is illegal to charge for an adoption, while in others, adoptions must be facilitated on a non-profit basis. On the other hand many adoption programmes will give financial assistance to adopters, especially with their expenses. Some jurisdictions offer tax credits to offset the cost of adoption.

Where there are charges for adoption there is often controversy, even in the case of non-profit agencies. Regulations may also specify to whom payments may or may not be made, e.g., in some jurisdictions, no money may be paid to a birth mother above her medical expenses.

International adoptions tend to be more expensive and often incur additional costs, as the adoptive parent(s) may be required to travel to the source country. Translation fees will also apply to legal documents.

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