Ready to grow your family through adoption?
It might seem like a lot to take in at first, but we’ve got you covered. We walk you through every legal step you’ll need to complete to adopt in the U.S.
Did you know…
Every year, over 50,000 children find their forever families through adoption in the United States.
And the crazy thing is…
The legal requirements aren’t as hard as you might think.
Most families complete the adoption process within six months to two years. But the types of adoption and legal requirements vary, so getting it done right the first time means not missing steps or getting bogged down. That’s why working with an experienced family law firm matters from day one.
Ready to learn:
- Adoption Types & Legal Steps
- Home Study & Court Documentation
- Timeframe & Legal Milestones
- Final Hearing & Completion
Adoption Types & Legal Steps
Before we jump into the details, it’s important to note that not all adoptions are created equal.
Depending on your adoption type, the legal steps you need to take and the process duration will differ. That’s why working with an adoption attorney who can guide you through the family law maze is so crucial.
The 3 main adoption types are:
- Agency Adoptions
- Independent Adoptions
- Stepparent Adoptions
Each has slightly different legal requirements but all end with a family court judge granting your adoption. Let’s break each down.
Agency Adoptions
Agency adoptions are the most common choice for families who are adopting for the first time. An adoption agency handles most of the paperwork and legal requirements, including background checks and home studies.
The agency steps in as the child’s legal guardian until the adoption finalizes, meaning they consent to the adoption on behalf of the child.
Independent Adoptions
With independent adoptions, families connect with birth parents directly to work out adoption. This type of adoption is a lot more work on your part because there’s no agency to guide you through the legal process.
Independent adoptions include:
- Direct consent from birth parents
- More court filings and legal paperwork
- Enhanced legal protections for birth parents and adoptive families
- Tighter timelines
Stepparent Adoptions
Stepparent adoptions are the simplest because you’re completing a legal process to adopt your spouse’s child.
The legal requirements are pretty streamlined because one biological parent is already in the picture. However, there’s still some legal legwork required and both parents must consent.
If the other parent refuses consent, the adopting spouse will need to prove the other parent abandoned their parental rights.
Home Study & Court Documentation
The home study is your first step in the adoption process.
Home studies are mandatory for all adoptions in the U.S. to ensure children are placed in safe, healthy homes. The process includes background checks, home visits, and interviews to create a complete picture of the adoptive family. Over 108,000 children are currently waiting for adoptive parents in the U.S., so don’t stress about being rejected.
What is Included in a Home Study
Home studies include many different steps and documentation to show you are prepared and capable to adopt. The required steps typically include the following:
- Background checks —criminal history, child abuse registry, fingerprinting
- Financial requirements —income verification, tax returns, employment history
- Home evaluation —property inspection, adequate space, childproofing, safety
- Interviews —family history, education, goals, parenting plan, support system
- References —character references from friends, employers, community members
Home studies typically take 2-3 months to complete. You can cut down on the time by gathering required documents early.
Required Court Documentation
After your home study completes, you must file several legal documents with family court:
- Adoption petition —the official request to adopt, filed with family court
- Consent forms —signed by the birth parents (if they’re living) and the child (if age 12-13 or older)
- Relinquishment papers —birth parents’ written legal consent to give up parental rights
- Home study report —approved assessment from your social worker
- Financial disclosure —proof you can support the child
Be sure not to skip steps here. The legal documents must be filed in a specific format that varies by state.
Timeframe & Legal Milestones
“How long will this whole process take?” is the most common question from adoptive families.
The truthful answer? It varies widely based on many factors.
Typical Adoption Timeline
- Months 1-2: Home study, background checks, and documentation
- Months 3-4: Matching process and initial paperwork
- Months 5-8: Legal paperwork processing and waiting periods
- Months 9-12: Finalization hearing and court approval
Some families get done in months, others take years. International adoptions will usually take 6-12 months longer.
Legal Milestones
Every adoption follows the same legal milestones:
- Filing the petition —the official court document to adopt
- Notice of hearing —informing all required parties of the adoption
- Waiting period —allows time for someone to object (varies by state)
- Pre-adoption supervision —court-ordered home monitoring period
- Final hearing —judge signs off on granting the adoption
The thing most people don’t expect:
Milestones have specific deadlines you must meet. Miss one and you could be looking at months of delays.
Factors that Affect Timelines
Some factors you can control:
- Completing paperwork quickly
- Hiring experienced legal counsel
- Being realistic about the adoption process
- Staying organized with required documents
Factors beyond your control:
- Court schedules and hearing dates
- Birth parent decisions and timing of consent
- State-specific waiting periods and procedures
- Processing times for required checks and verifications
Final Hearing & Completion
The adoption hearing is your finish line.
This is the court appearance that makes your adoption legal. It’s typically a happy and low-key proceeding that lasts 15-30 minutes.
What Occurs at the Hearing
- Everyone is present —adoptive parents, child, and your attorney
- Judge reviews case —verifies all legal requirements are met
- You sign adoption agreement —formally agree to adopt the child
- Child consents (if 12-13 years and up) —agrees to be adopted
- Judge grants the decree —legally declares the child as yours
After the Hearing
Once the judge grants your adoption:
- New birth certificate —issued with your names as parents
- Legal parental rights —same rights as a biological parent
- Financial responsibility —legal obligation to support the child
- Inheritance rights —child can inherit from your family
The adoption is permanent and can’t be reversed except in rare circumstances.
Time to Celebrate!
Most families celebrate right after the hearing. Many courts allow for photos and even encourage marking this special occasion.
You’re an official family.
Wrapping it up
There are a lot of steps in the adoption process, but thousands of families each year successfully grow their families through adoption. You can, too.
The key is to stay organized, meet deadlines, and work with professionals who understand the family law requirements. Every step forward means your family is one step closer to completion.
Remember: 27% of children leaving foster care do so through adoption. Your family could help make that number even higher.
Ready to take the first step? Contact us to learn more about the legal process that starts with finding the right legal team to match your situation.
