Adoption:
The official transfer through the court system of all of the parental
rights that a biological parent has to a child, along with an
assumption by the adopting parent of all of the parental rights of the
biological parents that are being terminated and are assumed in their
entirety by the adoptive parents, including the responsibility for the
care and supervision of the child, its nurturing and training, it
physical and emotional health, and its financial support.
Abandonment:
When used in the context of adoption, this term refers to the most
common involuntary reason that the parental rights of an absent parent
can be terminated by a court. Although the laws of each state will
define this term differently for residents of that state, these
definitions almost unanimously include some combination of an
unjustified failure to provide adequately for the financial support for
the child and an unjustified failure to maintain, or attempt to
maintain, contact or a parental relationship with the child for a
certain period of time. The required time period and the precise
definition of this term can vary significantly from state to state, but
generally, the continuous period that is required for a legal
abandonment is somewhere between 6 months and one year.
Adoptee:
Although this term refers to a person who has been adopted, there are
many adopted individuals who do not like to be referred to in this way,
because they consider themselves to be every bit as much a full member
of their adopted family as any other natural child would be, and
therefore consider themselves to be just a regular "child," rather than
an "adoptee" or an "adopted child."
Adoption Agencies:
An organization that is licensed in the state or states where it
transacts its business, which is to assist in placing children needing
parents with adoptive parents that are looking for children. Agencies
exist in a wide variety of organizational forms, including non-profit,
not-for-profit, for-profit, and governmental agency. Although the legal
impact of the organizational or business structure of an adoption
agency may be different, the services that they are licensed to provide
are generally very similar.
Adoption Certificate:
This is sometimes referred to as a Certificate of Adoption, and is the
official document that is signed by the Judge at the time of the
finalization of the adoption, which triggers a new birth certificate to
be issued for the adopted child by the Department of Vital Records,
showing the adoptive parents as though they were the original
biological parents of the child, so that this new birth certificate can
be inserted in the public records in place of original birth
certificate.
Decree of Adoption:
The document that a judge signs to finalize an adoption. It formally
creates the parent-child relationship between the adoptive parents and
the adopted child, as though the child were born as the biological
child of its new parents. It places full responsibility for the child
on its new parents and changes the name of the child to the name
selected by its new parents, and orders a new birth certificate to be
prepared and issued for the child. If the parental rights of the
biological parents of the child are being terminated by way of their
voluntary consents as part of the adoption action, the Decree will also
formally terminate those parental rights.
Disruption:
This term generally refers to an adoption that for some reason has not
become final, even though the adoptive parents were identified as the
parents to adopt the child and the child may have even been placed in
their home for a period of time. This term is also used on occasion to
refer to any failed adoption attempt.
Dissolution:
A reversal or voiding of an adoption after its legal finalization. This
can occur for a variety of reasons, the most common of which are: 1)
That there was not a good match of the needs of the child with the
talents and capabilities of the adoptive family, and 2) That the
circumstances of the child or the adoptive family have changed
substantially since the finalization, which would make a continuation
of the relationship impractical or impossible.
Petition to Adopt:
This is the document that is filed with the court on your behalf to
commence you adoption action. It states the legal basis on which you
think you should be able to adopt this child, why the court has
jurisdiction to grant the adoption, your qualifications to adopt this
child and the name that you want to be given to your child when the
requested adoption becomes final.
Adoption Plan:
A formal Plan (usually in writing) that is created by one or both of
the biological parents of a child who it is planned will be placed for
adoption. The plan can be simple, or detailed and comprehensive.
Adoption Placement:
This term is used to describe the point in time when your child comes
to live with you in your home.
Adoption Triangle or
Adoption Triad: A term used to describe the three-sided
relationship that exists in an adoption between birth parents, adoptive
parents and the adoptee, each of which is interrelated and
inter-dependent on the others.
Adoptive Parents:
Although this term is often used to refer to both parents that are
seeking to adopt, and parents that already have adopted, it is probably
more commonly used to describe parents that are seeking to adopt,
although since many parents will adopt on more than one occasion, they
could be both an adoptive parent who has already adopted, and an
adoptive parent who is seeking to adopt.
Affidavit:
A formal legal document containing written statements of legal
significance that are being sworn to under oath by the author of the
document, who is known as the "Affiant." The act of signing the
Affidavit, and of swearing under oath that the statements it contains
are true and correct to the best of the knowledge of the Affiant, is
done in the presence of a Notary Public.
Agency Adoptions:
Adoption placements that are made by state licensed adoption agencies
that screen prospective adoptive parents and supervise the placement of
children in adoptive homes until the adoption is finalized. Most agency
adoptions will also include some form of counseling and/or support
services for the adoptive parents and the birth parents that are
involved in the placement. Many states mandate that the placement
(adoption) of the child occur with a state-licensed adoption agency. A
few states allow independent adoptions (those facilitated one hundred
percent by the adoptive parents).
Amended Birth
Certificate: A term used to refer to the new birth
certificate that is issued for an adopted child after an adoption
becomes final, which shows the new name of the adopted child and the
adoptive parents as the parents of the child, as though they are its
biological parents. This new birth certificate is placed in the public
records in place of the child's original birth certificate. The
original birth certificate is then stored in a separate secure location
that is not accessible to the public, and may be viewed only by court
order.
Apostille:
A simplified and standardized form that is used for the purpose of
providing a certification of certain public documents relating to
adoption, including notarized documents, that is used in countries that
are in compliance with the provisions of the Hague Convention. This
simplified form contains standardized numbered fields of certain common
and essential types of information, which allows the data to be
understood by all participating countries regardless of the official
language of the issuing country. The completed apostille form certifies
the authenticity of the signature on the documents, the capacity in
which the person signing the documents has acted, and identifies the
seal and/or stamp that the document bears. Documents needed for
inter-country adoptions require the attachment of an apostille, rather
than authentication forms, if the foreign country is a participant in
the Hague Convention.
Attachment:
The formation by a child of significant and stable emotional
connections with the significant people in its life. This process
begins in early infancy as the child bonds with one or more primary
caregivers. A failure by a child to establish these types of important
connections before the age of about five years may result in the child
experiencing difficulties with a wide variety of social relationships
for significant periods of time in its life. Severe cases can fit
within the definition of a more permanent condition known as "reactive
attachment disorder."
Biracial Adoptions:
A term used to refer to the adoption of children who have biological
parents that are of different races.
Birth Father:
The biological father of a child.
Birth Mother:
The biological mother of a child.
Birth Parent:
This is another term used to refer to the "biological parents" of a
child, whether male or female, and regardless of whether the parents of
the child are married to each other, or are shown as the parents of the
child on its birth certificate.
Black Market
Adoptions: This term refers to adoptions that do not conform
to the established state and federal laws that regulate adoption, and
which usually involve the payment of large sums of money to an adopted
child's birth parents, an adoption attorney, an adoption facilitator,
an adoption agency, or another intermediary, in order to avoid
provisions of the law. In many cases, all participants in a black
market adoption may be subject to criminal prosecution, as well as
there being a possibility that the child will be taken away from the
involved adoptive parents and placed for adoption with another set of
adoptive parents.
Bonding:
The process that a child goes through in developing lasting emotional
ties with it's immediate caregivers, which is seen as the first and
most significant developmental task of a human being, and is central to
that person's ability to relate properly to others throughout its life.
Caseworker:
Also sometimes referred to as "Adoption Worker" or "Adoption
Caseworker" or "Social Worker." These are the individuals that prepare
adoption home studies for prospective adoptive parents, assist
prospective adoptive parents in obtaining their pre-adoption
certification (where required), assist in provide post-placement
supervision of adoptive families once they have received their child,
and counsel with adoptive families to help them adapt the changes that
they undergo in their lives as the result of adoption. Some state
require caseworkers to be certified, and may require certain
educational credentials. The wide variety of services that are provided
by adoption caseworkers are essential elements in every successful
adoption. State regulations of caseworkers vary.
Closed Adoptions:
This is the most traditional type of adoption that is still used today,
but is declining in popularity as the focus in the relationships
between adoptive parents and birth parents is shifting from the lack of
information and total confidentiality, to shared information and
privacy. In these adoptions, the birth family and the adoptive family
do not share any identifying information about themselves, and do not
communicate with each other, either before or after the placement of
the child. The adoptive family will, however, receive non-identifying
health and other background information about the child and the birth
family before the placement takes place. The birth parents may also
receive non-identifying information about the adoptive parents. The
adoption files will be sealed after the adoption, and typically are
never made available to the adopted child. Now more commonly referred
to as Confidential Adoptions.
Confidential
Adoptions: A more modern and more positive term that is used
to describe what has been traditionally called "closed adoptions."
Decree of Adoption:
The document that a judge signs to finalize an adoption. It formally
creates the parent-child relationship between the adoptive parents and
the adopted child, as though the child were born as the biological
child of its new parents. It places full responsibility for the child
on its new parents and changes the name of the child to the name
selected by its new parents, and orders a new birth certificate to be
prepared and issued for the child. If the parental rights of the
biological parents of the child are being terminated by way of their
voluntary consents as part of the adoption action, the Decree will also
formally terminate those parental rights.
Department of Vital
Records: The government department in each state that issues
and maintains the official birth certificates and death certificates of
individuals that were born or died in that state. In some states this
department also administers a putative father registry. This department
will bear a different name in different state, but it can be easily
located in the government section of your local phone books.
Disclosure:
The release or transmittal of previously hidden, confidential or
unknown information.
Disruption:
This term generally refers to an adoption that for some reason has not
become final, even though the adoptive parents were identified as the
parents to adopt the child and the child may have even been placed in
their home for a period of time. This term is also used on occasion to
refer to any failed adoption attempt.
Domestic Adoption:
An adoption that involves adoptive parents and a child that are
citizens and residents of the United States.
Dossier:
When used in the context of adoption, this term refers to a set of
appropriately authenticated and translated legal documents which are
used in international adoption cases to process the adoption of a child
in its own country by the adoptive parents, or for the adoptive parents
to obtain the legal custody or guardianship of the child in the foreign
court, so the child can be brought by the adoptive parents to the
United States for adoption.
Finalization:
The point in time when the court grants the Petition to Adopt of the
adoptive parents and takes the necessary action to formally make the
child a legal member of their family.
Form I-600 and Form
I-600A Visa Petitions: A set of forms used to officially
request permission from the U.S. Immigration and Naturalization Service
(INS) to classify a child in a foreign country, who fits the definition
of an "orphan," as an immediate relative of its intended adoptive
parents, so that there can be an expedited processing and issuance of a
visa to that child, allowing it to be brought into the United States,
either after having been adopted abroad, or in order for it to be
adopted in the United States.
Foster/Adoption
Placements: A child is placed with the foster/adopt family
before the parental rights of the birth parents have been legally
terminated, so there is still a possibility that the child may
eventually be reunited with his or her birth family. If the parental
rights of the child's birth parents are terminated, the foster/adopt
family will be given preference to adopt the child.
Home Study:
A home study is sometimes called an "adoption study," and is a written
report containing the findings of the social worker who has met on
several occasions with the prospective adoptive parents, has visited
their home, and who has investigated the health, medical, criminal,
family and home background of the adoptive parents. If there are other
individuals that are also living in the home of the adoptive parents,
they will be interviewed and investigated, if necessary, by the social
worker and included as part of the home study. The purpose of the home
study is to help the court determine whether the adoptive parents are
qualified to adopt a child, based on the criteria that have been
established by state law.
Immigration and
Naturalization Service (INS): This Federal agency is now
referred to as United States Immigration and Citizenship Services
(USCIS). USCIS is operated under the United States Department of
Homeland Security, and has the responsibility of overseeing the
immigration of all foreign-born individuals into the United States,
whether they are adults or children. Before a foreign adoption can take
place, permission must first be obtained from USCIS for the foreign
child to be able to lawfully enter the United States for the purpose of
being adopted. After this approval has been given and the child has
been adopted and brought to the United States under a visa and/or a
green card issued by the INS, the adoptive parents can then apply to
the USCIS for the child to become a United States Citizen, just as if
the child had been born to the adoptive parents as their biological
child.
Independent Adoptions:
These adoptions are arranged by an intermediary other than an adoption
agency, such as a lawyer or a physician. The intermediary may find the
birth mother for the adoptive parents, or may help the birth mother
locate adoptive parents that would be interested in adopting her child.
Independent adoptions are not legally permitted in all states,
including Colorado.
Independent
Contractors: This term is probably more commonly used in the
areas of business and construction. However, when used in the context
of adoption, it refers to an individual or entity that is employed on a
contract basis to perform specific services or to complete a specific
task. In order to handle the additional services that are necessary to
promptly and properly handle a large influx of work during peak times,
adoption agencies will often contract with either licensed or
unlicensed social workers that are not formally their employees to
perform home studies and post-placement supervision on a case-by-case
basis for their adoptive families. Although these individuals are not
legally the employees of the agency, their work will be supervised,
monitored and reviewed by a qualified person within the adoption agency.
Institutionalization:
The short-term or long-term placement of children in institutions, such
as hospitals, group homes or orphanages. Placement in institutions
during early critical developmental periods, and for lengthy periods of
time, is often associated with developmental delays due to
environmental deprivation, poor staff to child ratios, or lack of early
childhood stimulation.
International
Adoptions: These adoptions involve children who were born in
a country other than where the adoptive parents reside or are citizens,
or who are citizens of a country other than where they live. These
adoptions not only involve the normal state and federal laws that apply
to all domestic adoptions, but they also are impacted by the laws of
foreign countries and international treaties, but also require
immigration approvals from the USCIS.
Interstate Compact
on the Placement of Children (ICPC): An interstate compact,
or agreement, that has been enacted into law by all 50 states in the
United States, and the District of Columbia, which controls the lawful
movement of children from one state to another for the purposes of
adoption. The originating state, where the child is born, and the
receiving state, where the adoptive parents live and where the adoption
of the child will take place, must approve the child's movement in
writing before the child can legally leave the originating state. This
Compact regulates the interstate movement of both foster children and
adoptive children.
Irrevocable Consent:
A term used to describe a Consent to Adoption that has been signed by
the biological parent of a child that is being placed for adoption,
which under state law cannot be revoked after it is signed, unless the
court specifically finds that the Consent to Adoption was obtained by
fraud or misrepresentation, or by the use force or undue duress on the
birth parent.
Legal Risk Adoptions:
This term refers to an adoption program that is only available in some
states, where prospective adoptive parents are allowed to become foster
parents to children before they become legally available for adoption.
If the parental rights of the biological parents of these foster
children are able to be terminated, then the foster parents are allowed
to adopt the children. If the parental rights of the biological parents
of the child are not terminated, then the foster parents are not
allowed to adopt the child. This is the "legal risk" that the foster
parents know about in advance, and which they are willing to assume in
exchange for the possibility that they may ultimately be able to adopt
the child. In some cases, a termination of parental rights will be
intentionally delayed until a specific adoptive family has been
identified that can meet the specialized needs of the child.
Life Book:
A pictorial and written representation of the life of a child, which is
designed to help the child better understand make sense of its unique
background and history. Although there is no required content for a
life book, some information that it might include would be information
about birthparents, other members of the extended birth family,
birthplace and date. The life book might be put together by a social
worker, foster and/or adoptive parents or even the birthparents or
members of the birthparents' extended family.
Open Adoption:
Every adoption of this type will be different, based on the type of
relationship that the birth parents and the adoptive parents have
agreed to. Both identifying and non-identifying information about the
adoptive parents and the birth parents is shared with each other, which
can include last names, addresses, and telephone numbers. In some open
adoptions, the birth parent and the adoptive family know each other and
have ongoing communication about the child. If the parents on both
sides agree, the adoptive parents may even be allowed to be present for
the delivery of the child, thus allowing them to vicariously share in
the birthing process. Neither the birth parents nor the adoptive
parents are forced to participate in an open adoption if that is not
what they are comfortable with. Although there is some disagreement on
the subject, it is suggested that the child, and thus the adoptive
parents that will be raising the child, are the primary beneficiaries
of some of the most significant benefits that can result from an open
adoption.
Orphan:
Although this term has essentially been eliminated from normal use in
our modern society, with reference to adoptions, it is still used with
a very specific definition in the regulations of the U. S. Immigration
and Naturalization Service, with reference to the legal status of
foreign children that adoptive parents who are U.S. citizens are
seeking to adopt and bring into the United States to live. In that
context, this term refers to a child in a foreign country who has no
living parents, or whose parents have disappeared or have abandoned the
child, or a child who has only one living parent who is not able to
adequately provide for the proper care and support of the child. In
order for a child to be able to be brought into the United States for
the purpose of adoption, it must fit this definition of being an
"orphan."
Orphanage:
Institution that houses children who are orphaned, abandoned, or whose
parents are unable to care for them. Orphanages are rarely used in the
United States, although they are more frequently used abroad.
Post-Institutionalized Child: Children adopted from
institutional, hospital, or orphanage settings. The term is used to
describe an array of emotional and psychological disturbances,
developmental delays, learning disabilities, and/or medical problems
resulting, in part, from their stay in institutions.
Post-Adoption Period:
This is a period of time of an unspecified length after an adoption is
finalized during which the members of this new group of legally related
individuals learn together to become a real family unit, with all the
joys, challenges, accommodations and wonderful experiences that go with
it.
Post-Placement
Report: A written report that is prepared for the court in an
adoption case by an adoption caseworker that makes a series of personal
visits to the home of the adoptive parents. The purpose of these
post-placement visits is to observe how well the child and the
prospective adoptive parents are bonding to each other and how the
child is fitting into the family. This report will also contain a
recommendation by the caseworker, based on the caseworker's personal
observations and interactions with the child and the members of the
adoptive family, concerning whether or not the caseworker thinks it
would be in the "best interests of the child" for the proposed adoption
of this child by these adoptive parents to take place. In almost all
cases, the court will follow the recommendation that the caseworker
makes in the Post Placement Report, and in almost all cases, this
recommendation will be that the adoption be allowed to take place.
Reactive Attachment
Disorder (or RAD): This term is used to describe a condition
that generally appears in children before age five, and is thought to
result from a lack of consistent care and nurturing in early years. The
disorder is characterized by the inability of a child or infant to
establish age- appropriate social contact and relationships with
others. Symptoms of the disorder may include a failure to thrive,
developmental delays, a refusal to make eye contact, feeding
difficulties, hyper-sensitivity to sound and/or touch, failure to
initiate or respond to social interactions with others,
self-stimulation, indiscriminate sociability and a an unusually high
susceptibility to infections.
Re-Adoption or
Validation of foreign adoption: A term that is used to
describe the practice of adopting a foreign child in the United States
after it has already been adopted by its adoptive parents in the
foreign country of its origin. The most common reason for a re-adoption
is to allow the child to obtain a United States birth certificate,
written in English, showing the adoptive parents as though they were
the biological parents of the child. This new birth certificate that is
obtained in the re-adoption would be essentially identical to the birth
certificates that are issued to all other children in that same
geographic location. This procedure enables the adopted foreign child
to have a local birth certificate in English that does not identify or
set the child apart from other children as being a child that is as
somehow "different" from other children. Each state has its own
regulations regarding this post-adoption process.
Relinquishment:
In the context of adoption, this term generally refers to a birthparent
voluntarily giving up his or her parental rights to a child, so that
someone else can adopt it. In practice it generally refers to these
parental rights being transferred to an agency, rather than directly to
the new adoptive parents, so that the agency can maintain the level of
confidentiality or privacy that the parties desire and have agreed to
in the adoption. The agency then passes the parental rights on to the
adoptive parents who adopt the child. The term "Relinquishment" is also
very commonly used to refer to the actual relinquishment documents that
are signed by the birth parents as part of the relinquishment process.
Trans-Racial
Adoptions: An adoption in which a family of one race adopts a
child of another race.
Waiting Children:
This term generally refers to non-infant, school age children, who have
become legally available for adoption. They will generally be under the
legal jurisdiction and care of public foster care agencies, and will
have come into the foster care system for a variety of reasons, which
could include neglect, abandonment, abuse and/or some other dysfunction
within their family environment.
Waiting children may or may
not have developed emotional and/or behavioral reactions to these
experiences, and may or may not be physically or developmentally
challenges or delayed as a natural result of what they have been
through. How severe and treatable these conditions will be will depend
entirely on the individual circumstances of each child. By the same
token, a significant percentage of waiting children will be healthy and
well cared for, but will have become victims of some type of family
tragedy that has put them in a position where they need responsible
parenting.
Many waiting children will
have siblings who are also available for adoption, and who would prefer
to stay together as a family unit. In most geographic locations, more
than half of the waiting children will be ethnically diverse or will be
children of color. Two things that all "Waiting Children" will have in
common are: 1) their need to become a permanent part of a responsible
and nurturing family, where they will be loved and encouraged to
achieve their full potential, and 2) although imperfect and most often
challenging, they can bring tremendous joy and satisfaction for their
new families.
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