In order for a child to be adopted he or she must be “Legally Available.” Legally available for adoption means that either a court has terminated the parent-child legal relationship or that a court has approved voluntary relinquishment of the parent-child legal relationship. Where the parent-child relationship has not been terminated or relinquished, the custodial birth parent (parent with whom the child lives) must provide written and verified consent accompanied by an affidavit that the other birth parent has abandoned the child for a period of one (1) year or more or that the other birth parent has failed without cause to provide reasonable support for such child for a period of one (1) year or more.
The prospective adoptive parent must complete both state and federal fingerprint-based criminal history record checks and a TRAILS background check from the Department of Human Services. The prospective adoptive parent must provide a statement informing the court if they have been convicted of a felony or misdemeanor in one of the following areas:
--- child abuse or neglect
--- Spousal/Partner abuse.
--- any crime against a child.
--- any crime, the underlying factual basis of which has been found by the court to include an act of Domestic Violence.
--- violation of a Protection/Restraining Order.
--- any crime involving violence, rape, sexual assault, or homicide.
--- any felony involving physical assault or battery.
--- any felony involving drugs within the past five years, at a minimum.
At Miller Family Law, LLC™ we draft all the forms, appear as your advocate in court, and walk you through the process.