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Adoptions by Relatives

Written by: Avvo Staff

Posted over 3 years ago. 3 helpful votes, 0 comments

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Adopting a relative is generally a simpler process than adopting a nonrelative. You will have to meet your state's definition of a relative to qualify for the often less-strict rules of relative adoption. An experienced adoption attorney will still be needed to make sure the adoption is official and legal in your state.

Deciding to adopt

Often, a relative will become aware of a child through family members. Relatives may also be contacted by state child-welfare agencies about a family member who will not be parenting his or her child. If the other birth parent is also unable or unwilling to raise the child, the child may need an adoptive family.

Relative adoption—also known as kinship adoption—can keep a child out of foster care and keeps the child in contact with birth relatives. But relative adoptions can be complicated by family relationships. Before making a decision to adopt, carefully consider how this adoption might change your relationships with other family members and how it would impact the child.

Who qualifies as a relative

Qualifying relatives vary from state to state. Most states recognize close relatives as the following:

Adult siblings
Aunts
Uncles
Grandparents
Great-grandparents

Generally, cousins, nieces, and nephews are not considered relatives in the context of adoption. If you do not qualify as an official relative under your state's adoption laws, it does not mean you can't pursue adoption of a relative's child.

The adoption process

Relatives generally go through an adoption process that is less complicated than the process for nonrelative or "stranger" adoptions:

1. A home study will be conducted by a state or independent agency to verify that you are able to provide for the child and offer a stable home life. For relatives, this study may be less detailed than for adoptions by nonrelatives. You will need to get a criminal background check and disclose details about your finances, marital relationships, and work history as part of the home study.

2. You may need to become a state-licensed foster parent in order to take custody of the child before the adoption is finalized. There will be a waiting period of several months or longer before the adoption can be finalized, so this is often a desirable step.

3. When the adoption is ready for finalization, you will appear in court and receive your adoption decree—an official state document recognizing the adoption—and a new birth certificate will be issued reflecting that you are the child's parent.

Getting help with the adoption process

Choose an experienced adoption attorney in your state to help you navigate this specialized legal area. Although relative adoption is generally a simpler process than adopting a nonrelative, an experienced adoption attorney will still be needed to make sure the adoption is official and legal in your state.