Adoption
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adoption
Adoption is the legal creation of a parent-child relationship. The
adoption process is designed to provide permanent homes for children
who need them. Adoptive parents become the child's legal parents, with
all of the rights and responsibilities of parenthood.
are there minimum requirements that I must meet before I will be allowed to adopt?
Yes. There are several requirements that must be met before a judge
will approve of an adoption. Some of the requirements include a home
study report prepared by a licensed child placement agency, the
Department of Social Services or a certified independent social worker;
you must be a resident of South Dakota; the child must reside with you
at least six months prior to the adoption; you must pass a child abuse
registry check; your criminal history, if any, will be reviewed; any
child support obligations that you may have will be reviewed to
determine if there are outstanding amounts due; you must be at least 10
years older than the minor child you wish to adopt; a child over the
age of 12 years old must consent to the adoption; and a married person
cannot adopt a child without the consent of their spouse. Single adults
may also adopt.
are there different types of adoptions?
Yes. There are several types of adoptions that include: a) adoptions
facilitated by social service agencies; b) private adoptions
facilitated by adoption attorneys; c) adoptions facilitated by the
South Dakota Department of Social Services; d) interstate adoptions; e)
international adoptions; f) adult adoptions; and g) stepparent
adoptions.
where should the adoption petition be filed?
The adoption petition must be filed in the county where the child
resides or in the county where the prospective adoptive parents reside.
may anything of value be given to the biological parents?
No. Any person who offers, gives or receives any money or any other
thing of value in connection with the placing of a child for adoption,
or relating to the consent to adoption, is guilty of a class six felony.
how much will an adoption cost?
The cost of adoption varies from case to case. The cost of medical care
and hospital care may be covered by the biological mother's insurance
company. The fees associated with the adoption of a foster child are
often paid by the Department of Social Services. Private and
international adoptions can be quite costly, based upon their
complexity. You should consult an experienced adoption attorney for
further guidance on this subject.
what happens when the adoption is finalized by the court?
The final adoption hearing will be conducted by a Circuit Court Judge.
All papers, records and information pertaining to an adoption are
confidential and the court file will be sealed. Following an adoption,
the biological parents relinquish all rights, duties and
responsibilities toward the child. A child, when adopted, may take the
family name of the person adopting. The adoptive parents and the child
will have the legal relation of parent and child and have all the
rights and be subject to all the duties of that relationship-
selecting an adoption lawyer
If you do not know an adoption lawyer personally, you may want to
consult the lawyer referral service of the State Bar listed in the
yellow pages of your South Dakota telephone directory. Choose your
lawyer for his or her skill, reputation in the community and integrity.
It is very important that you retain an experienced adoption lawyer for
the reason that there are many special laws that might apply to your
case. For instance, there are special federal and state laws that must
be followed if the child to be adopted is Native American, if the child
is from another country, or if the child or the prospective adoptive
parents live in another state.
The adoption process is a wonderful process that gives children the
"forever home" that they so greatly deserve.
The State Bar of South Dakota
222 East Capitol
Pierre, SD 57501
(Revised 3/00)
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