A legal relationship is written authority for a relative to care for a child. There are four primary legal options:

• Power of attorney;
• Custody/allocation of parental responsibility;
• Guardianship; and
• Adoption.

A power of attorney is the least formal; it does not involve the court. The parent(s) can give and revoke this authority at will. Custody and guardianship do involve the court, but are usually of an indefinite duration, including a long term relationship. Adoption involves the court, and is a permanent change of the legal relationship.

Parents are the natural guardians of their children, either natural or adopted children. So, they do not need to go to court to be appointed as guardians and to have the authority to make these decisions. Anyone other than a parent needs a court order to be appointed as a guardian for a minor child (under age 18). To be the guardian of a disabled person over age 18, the guardian must be appointed by the court, even if the parent is the guardian.

Adoption is permanent. It forever changes the legal parent/child relationship. If the child's parents are dead, or have consented, or have had their rights terminated (so they no longer have a parent-child relationship with their child), then the child may be legally available for adoption. Adoption will make the child the legal child of the adopting parent or parents for all legal purposes, just the same as if the child had been born to those parents. The court will change the child's legal name and issue a new birth certificate. The child can inherit from them. This is a total, final change of the legal relationship, forever.

If the grandparents have adopted their grandchild, they are now the child's legal parents. They may complete either a Will or a Designation of Guardianship form to nominate successor guardians for their child. This nomination will receive priority consideration from the court if a guardian needs to be appointed.

Thinking about adoption can be exciting and very overwhelming. You have numerous choices to make, so information is the key ingredient. Talk to others who have adopted. Adoptive parents are full of information and can give you critical material.  Attend an information meeting at an agency which can provide you insight on the agency, social worker, and the process.

The cost depends on the type of adoption. There are several variables that contribute to the cost.  Typically a private domestic adoption is between $12,000-$40,000. However, please do not be intimidated by the cost. There are several options to financing your adoption such as employer benefits, adoption tax credit, grants, and special fundraising.

Selecting an adoption agency is critical. As the process is sometimes difficult, you need to select an agency that is responsive and is there to support you. Talk to a variety of agencies and ask for references and a series of questions. An example would be is the agency for profit or non-profit?  Do they complete relative adoptions? What are the requirements of the programs the agency has? How much does an adoption cost to complete the process and when are the fees due (do they provide a fee agreement upfront)? How long does the adoption process take? Remember there is never a question that is not valid.

Choose your agency on the basis of their programs, and your feelings of comfort and trust in them. After your choice is made, get to know your agency and social worker! Get on their newsletter mailing list and try to attend some of their functions.

Information about adoption laws can be found on the Child Welfare Information Gateway which is a service of the Children’s Bureau in the US Department of Health and Human Services.

The home study process is the adoptive assessment. It is educational as well as a self-evaluation process for the social worker to get to know you and your family, help you to determine what age and the type of child best fits into your family, and what other important characteristics you would be willing to accept in a child. The home study process will include some or all of the following:

• A series of individual and joint interviews with each prospective parent in the home.
• A visit to your home to ensure a safe environment and meet State licensing standards.
• Child interviews if there are children in the home.
• Background checks.
• Proof of employment and financial stability.
• Education classes and training.

Typically these steps result in the writing of a home study report that reflects the social worker’s findings. This report is about 15-20 pages in length and is a comprehensive overview of the family. On average the home study takes about 3 months to complete.