How Does Divorce Affect Adoption?

Adopting a child is an important decision for any couple and it is expected that the child will get the stable life with a healthy environment. And when a married couple plans of adopting a child then most likely it expected that the couple is living a happy married life and has no such obligations in their married life. But, if something unusual happens between them and they come to a decision of getting divorced then it may affect their child adoption process.

Rights and Responsibilities

When a married couple adopts a child then all the legal responsibilities of the child is handed over to the adoptive parents and they have the same responsibility towards the child as of their own. The adoptive parents are given lifetime rights of taking care of all the necessities of the child such as education, medical care, safe home, etc.

Divorce After Adopting a Child

The marriage of the adoptive parents may also get dissolved just like sometimes the biological parents get apart too. The role and responsibilities of both the adoptive partners don’t get changed. In most of the cases the adoptive parents share the custody of the adopted child equally, jointly taking the decisions of the child such as education, health, etc. Also in alternate cases, one parent may handle the sole physical custody of the adopted child, while the other gets the visiting rights.

Divorce During Adopting a Child

If a situation arises that the child adopting couple decides to get apart and dissolve their marriage before the adoption is finalized then this may affect the child adoption for them. And when birth parents are indulged in the adoption process then they might not get comfortable to give their child to any couple like them and can deny the proposal.
But in case, the parental rights of the child is already transferred to the adoptive parents (going to get divorce) before the adoption process begins then in that situation the biological parents cannot create any obligation towards the adoption of their child. Then the court may interfere to take the necessary actions for the child. Either the child may be given to one parent or it can be denied by the court.

Need of a Family Law Attorney/Lawyer

The law for such cases is unique and may vary from state to state and only the best family lawyer/attorney can help you to understand what you should do in such situation. He/she has the complete knowledge of your situation and what you’re dealing with and thus, help you get out of it easily. They have the experience and training of handling these situations, so that they can guide you for your next step.