Legal Considerations in Adoptions: Ensuring a Smooth Process

Adoption is one of the most rewarding yet complex journeys you can undertake. Whether you’re expanding your family, opening your home to a child in need, or formalizing the relationship of a stepparent, you’ll need careful planning and professional guidance.

Understanding Different Types of Adoption

There are many different types of adoptions, and having a better understanding of each can help your family choose the right path for you. The most common types of adoptions that we assist with are:

Custodial Adoptions

Custodial adoptions should have comprehensive, meticulous legal oversight to help avoid disputes and protect all parties involved. These generally begin with guardianship as a custodial adoption can be completed once the adoptive parents have had the child or children in their care for at least one year. This type of adoption involves parents who are not related to the child or children to be adopted.

Stepparent Adoptions

Common in blended families, a stepparent adoption allows a stepparent to legally adopt their spouse’s child or children, creating a stronger family unit both emotionally and legally.

Second Parent Adoptions

Second Parent Adoptions are very much like Stepparent adoptions, but there is no requirement that the biological parent and the adoptive parent be married.

Kinship Adoptions

Kinship adoptions involve family members adopting a child or children that is related to them. Kinship adoptions can be completed once the family members have had the child or children in their care for at least a year.

Kinship adoptions are often rooted in both love and necessity. For example, a grandparent may intervene during family crises to help care for a child. That said, these situations can be emotionally charged and legally complex. That makes it imperative to work with an experienced attorney who can ensure the transition from biological parents to guardianship to adoption is handled with care and compassion.

What to Expect During the Adoption Process

While the adoption process depends on several factors, including the specific type you’re pursuing, here’s a general, high-level overview of what to expect.

1. Initial Evaluation

The first step in the adoption process is a legal evaluation of your situation. Your eligibility and readiness for adoption will be thoroughly assessed at this time. After the initial determination of the type of adoption is appropriate, all adoptive parents in Colorado must complete a criminal and department of human services background check.

2. Petition

At this stage, your attorney will file all necessary documents with the juvenile court, formally initiating the adoption process.

3. Home Assessment

A home assessment could be conducted to ensure you can provide a stable, safe environment for the child. Assessments will likely include a home visit and interviews.

4. Consent or Termination of Biological Parental Rights

Either consent from the birth parents or legal termination of their rights is required. If consent from the parents is not provided, the court can terminate the biological parent’s rights after a hearing.

The child must also give consent to be adopted if they are over twelve years old.

5. Finalization

To finalize an adoption, you need a judge’s approval, which happens during a court hearing. After the hearing, the adoption will be official and legally binding.

Setbacks are possible at every stage of the adoption process, and in extreme cases, those setbacks could mean an adoption falls through. Reduce the chance of that happening by turning to Jorgensen, Brownell & Pepin, P.C. for assistance and guidance every step of the way.

The Role of an Adoption Lawyer

Many believe that the role of an adoption attorney is simply facilitating a legal process. Yes, our legal team can handle the paperwork and court proceedings, but we’ll also prepare you for what to expect, explain your responsibilities and rights, and act as both your advisor and advocate. We know that an adoption is not just a legal process—it’s a life-changing decision that deserves a personalized, caring approach.

Go beyond representation and have someone stand beside you as you grow your family; connect with us today.