Adoption & Foster Care

Step Parents

• What are their legal rights & responsibilities?• Must care for stepchild until they no longer

live in house or longer, if the parent acted in loco parentis (in the place of a parent)

• Step parents do not have full parental rights unless they adopt their step children.

Adoption

• The legal process by which an adult or adults become the legal parent(s) of another person.– Adults may adopt

another adult.– Open v.

Closed Adoptions

Who must consent to an adoption?

• The mother (12 years and older)• The man who was married to the mother or

has legitimated the child• A guardian• The agency that placed the child for adoption• The guardian ad-litem of an incompetent

parent

When can consent be executed?

• Father: Anytime• Mother: After the

child’s birth– Has 7 days after the birth

to revoke consent.– Second consent is final

Legal payment to birth parent

• Medical, hospital, pharmaceutical and nursing costs

• Travel expenses• Counseling services.• Ordinary living expenses• Legal and court costs– Payments cannot be made “for the child”

Grandparent’s Rights

• Grandparents can petition for visitation rights if the child’s parents will not voluntarily grant them.– Usually, states will not

overrule a parental challenge.

“Infant Safe Haven Laws”

• Mothers may relinquish their babies up to 7 days old without being charged with abandonment.

Surrogacy

• Definition?• N.C. does not have any

laws that deal with surrogacy.

• After the birth, the requesting mother and father adopt from the carrying parent

• Celebrity Surrogacy

Foster Care

• Homes that temporarily care for minors that are not their birth children. They are not considered to be the legal guardian.

• Group Home: Placement where several children in foster care live together

Foster Care Options

• When the state takes over a child’s care, the state becomes the temporary legal guardian.

• Kinship care: children are placed with relatives (families must be licensed)

Black Market Adoptions

• Pregnant women turn their babies over to agency adoptive parents without going through an adoption.– Known as a “go

between”.– Adoption Video-play

second video