An adoption is the process of legalizing someone’s responsibility to care for a child. For spousal adoptions, that generally means a divorced or separated parent giving up his or her rights to the new partner of the other parent.
The role of the lawyer is to formalize the adoption. Part of that role includes making sure clients understand what rights they are acquiring, or which rights they are giving up.
Often when a divorced parent finds a new partner, they wish to solidify their new family – especially if new children are born. In order to do this, the couple would need the consent of the other biological parent.
To initiate the adoption process, you will require the services of an adoption agency. Once they have completed their assessment process, a lawyer would step in and complete the legalities of the process.
If any conflicts or disputes arise, it is the court’s responsibility to make sure the best interests of the child are protected. Depending on the age of the child in the situation, sometimes the child’s consent must also be obtained.
Do Adoptive Parents Require A Home Assessment?
Home assessments can be ordered for spousal adoptions, although they are most common for adoptions between unrelated parties.
They are a lengthy process but their purpose is to make sure the new family relationships are going to be stable, and raise any flags if the situation is not ideal for the child.
Once the proper consents have been provided, disputes settled and any required assessments satisfied, the new spouse will be served and notified with the required documents.