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Home > Adoption > Adoptive Parents > Relative and Step-Parent Adoptions

Relative and Step-Parent Adoptions

In most states, there is an abbreviated procedure for the adoption of a child by a relative. In some states, a birth parent may even be able to place their child with a relative without a court order, although a legal process must still be completed after the placement. What constitutes a “relative” varies state by state, but usually includes at least aunts, uncles, grandparents, and step-parents of a child. A termination of parental rights to any and all parents is still necessary in a relative adoption, whether it is by consent or not. Home studies of the relative of some sort are also usually required.

Often relative adoption cases can start as or become contested matters for custody and visitation between the birth parents and the relative caring for the child. Federal law recognizes both the constitutional rights of biological parents and the need to protect a child’s best interests, attachments and bonds, and important relationships that have been allowed to develop. As such, relative cases can become a delicate balancing act involving federal constitutional cases and interfamilial conflict. Experienced adoption attorneys are essential in such cases.

Most relative adoptions are not subject to the Interstate Compact on the Placement of Children (ICPC). However, the definition of “relative” in the sending state and the receiving state should be checked before assuming no ICPC compliance is necessary.

On the other hand, if the child was not born in the United States, most relative adoptions are subject to international adoption law and U.S. immigration law and must proceed through the regular international adoption process. Such adoptions may even be subject to the Hague Convention on Intercountry Adoption. There is one exception: international step-parent adoptions are generally not subject to such treaties and immigration law.

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The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

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DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys.  AAAA website content does not constitute legal advice from AAAA or its member-attorneys to any reader or to the general public.  The law constantly changes and varies across state and international borders.  Consult qualified legal counsel in your jurisdiction regarding your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

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