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Legal Definitions - adoption
Definition of adoption
Adoption is a legal process that formally and permanently establishes a parent-child relationship between an adult (or adults) and a child who is not their biological offspring. This process transfers all parental rights and responsibilities from the child's biological parents or previous legal guardians to the adoptive parents. Once finalized by a court, the adopted child becomes a full legal member of the adoptive family, with the same rights and duties as if they were born to those parents, including inheritance rights, and the legal ties to their biological parents are typically severed.
Here are a few examples illustrating the concept of adoption:
Domestic Infant Adoption: A married couple, Sarah and Tom, have been trying to start a family for years. They decide to pursue adoption and work with a private agency to adopt a newborn baby girl named Lily. After a thorough legal process, including background checks and court approval, Sarah and Tom become Lily's legal parents. This means they are fully responsible for her care, education, and well-being, and Lily has all the rights of a biological child, including inheritance, while the birth mother's legal parental rights are permanently terminated.
Stepparent Adoption: Emily has a daughter, Mia, from a previous relationship. When Emily marries Mark, Mark forms a deep bond with Mia and wishes to become her legal father. With the consent of Mia's biological father, Mark petitions the court to adopt Mia. Once the adoption is finalized, Mark legally assumes all parental rights and responsibilities for Mia, making him her legal father, and Mia's biological father's legal rights are typically terminated.
Adoption from Foster Care: The Johnson family has been fostering a 9-year-old boy named Daniel for two years. Daniel was removed from his biological parents' home due to safety concerns, and after extensive efforts, the court determined that his biological parents' rights should be terminated. The Johnsons, having provided Daniel with a stable and loving environment, decide to adopt him. Through this legal adoption, Daniel becomes a permanent member of the Johnson family, gaining all the legal protections and rights of a biological child, and the Johnsons become his legal parents, committed to his long-term care and development.
Simple Definition
Adoption is the legal process by which an adult formally becomes the parent and guardian of a child, assuming all parental rights and responsibilities. This creates a new, permanent legal relationship, making the child a legal heir and terminating all legal ties with their birth parents, usually after a court finds it to be in the child's best interest.