Juvenile Court Adoption

Adoption

When Child Welfare IS Involved

Adoption is a legal process that creates a parent-child relationship between people who are not parent and child by birth. Once a child is adopted, that child has the same legal rights as a child born to the family, and the adoptive parent has the same legal duties as a birthparent to care for and raise the child. The relationship changes from grandparent/grandchild (or aunt/niece, cousin/cousin, etc.) to parent/child.

Once a child is in foster care, adoption is one of the options the Department of Social Services (DSS) considers to provide the child with a permanent family if they cannot return home. Before a child can be adopted, they must be “legally free.” This can happen if both parents voluntarily give up their parental rights. It may be possible for the child’s parents to do a Designated Relinquishment, where they agree to give up their parental rights only if grandparents or other kin adopt. 

If the parents will not voluntarily give up their rights, DSS requests the Juvenile Court judge to Terminate Parental Rights, commonly called “TPR.” TPR means that the parent permanently loses their right to make decisions for the child and their ability to change or regain custody.

If you adopt your loved one, you are eligible for the Federal Adoption Tax Credit for each child adopted, which reduces the federal income tax you must pay. It is a credit rather than a deduction, meaning it is a dollar-for-dollar reduction of your total federal tax liability. This amount varies by year (find current rate), but it is usually around $15,000. Find more information here.

Advantages

  • Once the adoption is finalized, the child’s parents cannot regain custody. It is permanent. This can be seen as both an advantage and a disadvantage.
  • Adoption financial assistance and post-adoption support services are available until the child is 18. College tuition or post-high school training programs may be provided.
  • You are eligible for the Federal Adoption Tax Credit for each child adopted, which reduces the federal income tax you must pay. It is a credit rather than a deduction, meaning it is a dollar-for-dollar reduction of your total tax liability. It is usually in the range of $15,000 per child.
  • The child can inherit from you if you die without a will and receive social security survivor’s benefits. 
  • Most employer-based health insurance policies allow children to be added to your health insurance coverage, including adopted children, plus the child will be eligible to stay on Medicaid.
  • You can decide who the child will be raised by if you die. 

Disadvantages

  • Adoption requires terminating the child’s parents’ parental rights. It can be painful to acknowledge that the child’s parent will not be able to parent in the future. However, you can still maintain a relationship with the child’s parents, with you dictating the terms based on what you think is in the child’s best interest. 
  • You must establish appropriate boundaries with the child’s birth parents that are in the child’s best interest. If you become the child’s guardian rather than adopting, the guardianship order usually specifies what the parents can and can’t do. With adoption, you are going to be responsible for creating those boundaries. 

*Not Intended as Legal Advice