There are many different ways to build a family. Adoption can enrich your life while also providing a loving home to a child in need.
However, if you’ve already started on the road to adopting a child, you may have discovered that the process is far from simple. Navigating the adoption process can be a challenge, and even seemingly small mistakes may mean you’ll be waiting additional months — or even years — to welcome your new family member.
The Denver adoption lawyers at Petrelli Previtera, LLC are deeply familiar with the process of adoption, and we’re committed to helping prospective adopters navigate this often-confusing system.
What Types of Adoption Are There?
There are more ways to adopt than many people realize. These are some of the most common types of adoption we have assisted prospective parents with:
Stepchild Adoption
Stepchild adoption refers to a stepparent formally adopting a stepchild and is the most common type of adoption. If you marry someone who already has a child, you might pursue a stepchild adoption to become that child’s legal parent.
That may sound simple enough, but the child’s other biological parent (the non-custodial parent) can make things more complex. Upon a successful stepchild adoption, the non-custodial parent’s rights will be terminated. This means that for you to adopt your stepchild, one of the following must be true:
- The non-custodial parent consents to the adoption
- The non-custodial parent’s rights have been terminated involuntarily
If the non-custodial parent does not consent to the adoption, you may not be able to proceed. However, if there is a possibility of having the other parent’s rights terminated, a Denver adoption lawyer may be able to help you pursue it.
Public Adoption
Public adoption involves adopting a child who is in foster care. However, not all children in foster care are eligible for adoption. When Colorado’s Division of Child Welfare removes children from the care of their parents, they aim to reunite families when possible.
When reunification isn’t possible, the biological parents’ rights will be terminated, and the children may be adopted. If you want to adopt a child who is in foster care, you may either opt to become a foster parent first or adopt a child as someone outside the system.
Private Adoption
“Private adoption” is a blanket term for adopting a child who is not in the care of the state. Some private adoptions are done through an agency, but others may be done by directly working with the birth parents and their lawyer.
Depending on your wishes and those of the child’s biological parents, private adoptions may be “open” or “closed.” Open adoptions allow for ongoing contact between the biological and adoptive families, and closed adoptions do not.
If you have the option to choose an open or closed adoption, our team can discuss the advantages and disadvantages of each and help you come to a decision.
International Adoption
Technically speaking, international adoption falls under the umbrella of private adoption. However, it comes with its own unique complexities — you must ensure the adoption is compliant with United States law, immigration law, and the laws of the child’s home country.
International adoptions also tend to be more costly than other adoptions, and they often require travel to and from the child’s home country.
It’s always wise to have the help of a Denver adoption lawyer when you’re trying to grow your family through adoption. However, because international adoptions are so logistically complex, working with an attorney is especially important.
Kinship Adoption
Kinship adoption is when a child is adopted by a close relative. These types of adoptions often happen when the child’s biological parents are unwilling or unable to properly care for them. State agencies often prefer to place children with relatives whenever possible because it allows them to stay connected to their families of origin.
For example, if your sister dies suddenly and leaves behind two children, you may take them in so they don’t have to go through the foster care system. Kinship adoption would cement your rights as a parent.
How We Can Help
You might wonder whether you need a lawyer when adopting a child. You are not legally required to have the help of an attorney during this process, but an experienced Denver adoption lawyer can help expedite the process, prevent errors, and help you navigate any challenges that arise along the way.
The Petrelli Previtera, LLC team has helped many Colorado families through the adoption process. Here are some of the ways we may be able to assist you:
- Explaining the different options for adopting a child
- Filing your initial petition for adoption
- Helping you complete medical and other required reports
- Helping you choose the right adoption agency
- Representing you at adoption hearings and other court appearances
- Advocating for you if the adoption is contested
- Ensuring the adoption is compliant with state and local laws
The process of adoption can be overwhelming. While we can’t completely erase the stress and uncertainty, we aim to make it as streamlined and efficient as possible.
Common Questions About Adoption in Denver
Whether you’ve just begun to contemplate adopting a child or have been preparing to adopt for quite some time, you likely have at least a few questions. These are some of the ones our clients most commonly ask:
How Much Will Adoption Cost?
The cost to adopt a child varies greatly depending on the circumstances. Generally, adopting from foster care is the least expensive. It often costs a few thousand dollars or even less.
Private adoptions are considerably more expensive. These adoptions often cost tens of thousands of dollars. Because of travel costs and the complexities of navigating immigration law, international adoptions are usually the most expensive of all.
Is There Any Way to Get Financial Assistance When Adopting?
Raising any child can be costly. However, adopting a child comes with a significant one-time cost — and that can be difficult for families to absorb. You may be able to take advantage of the federal tax credit for adoptive families, and some employers offer assistance to employees adopting a child.
If you adopt a qualifying child with special needs, you may receive ongoing assistance from the state to help cover their care. Qualifying children have physical or mental handicaps or conditions that will need long-term management.
Who Is Qualified to Adopt a Child in Colorado?
Generally speaking, you must be at least 21 to adopt (but you may adopt with court permission if you are younger). You must also pass a background check and a home study. Convictions for certain crimes (including child abuse, rape, child pornography, or homicide) will disqualify you from adopting.
Looking for a Denver Adoption Lawyer?
If you’re considering adopting a child, the advice and guidance of an experienced adoption lawyer can be invaluable. When you work with Petrelli Previtera, LLC, our lawyers can help you avoid common pitfalls that often impact new adoptive parents.
Whether you’ve already committed to adoption or are still gathering information about the process, we invite you to get in touch with us. We can discuss your family’s wishes and help you come up with a plan. Call us or send us a message today to schedule a confidential consultation.
