Content

• Steps

Phrases like "my family, your family, our family" in the modern family of spouses and stepchildren can be switched to simply "their family. I "through the adoption of a spouse's stepchild. Through this procedure, the biological child of one couple will biologically become the legal child of the other couple. Once the adoption process is completed, there is no difference in legal status between the stepchild of the spouse and the biological child of the couple. The word "stepchild" will no longer be used.

Steps

Part 1 of 3: Preparing for Adoption

1. 

   Discuss this with your spouse and the whole family. In a happy and eager family atmosphere, there seems to be no disagreement, but step-parents adopting each other's children can bring a huge change to your family. Legalizing the adoption process will legally remove the adoptive child's rights and obligations to the biological parents' family, while also giving the child a new name, making the adoptive parents become legal parents. . This is a big psychological change for a child. As for a child's biological parents, this means that they agree to give legal rights to care for the child to the new parents.
   • Consider discussing this with the family counselor. This ensures that all family members have a clear understanding of the adoption of a stepchild, so it is also what the child wants.

2. 

   
   
   Understand legal issues. Adoption has permanent legal consequences for the biological parents, adoptive parents, and the child. Therefore it is necessary to understand and accept them. Consult an attorney if you have any questions.
   • The biological parents need to know that legalizing the adoption of a stepchild will make your spouse the child's legal father or mother. In the event of a divorce, your ex-spouse still has the right to visit and even care for and guard the child. If you get married again and want a new spouse to adopt the child, you must get the consent of the adoptive parents, not the biological parents.
   • The adoptive parents have all the rights and obligations towards their adopted children like natural parents. If you divorce, you will be required to support your legally adopted stepchild. Adopted children have the right to inherit property, possibly even reducing the inheritance of natural children.
   • The adoptive child will lose the inheritance rights against the previous family. The absent parents, or grandparents, relatives of the parents who have given up custody may voluntarily donate some of the property to the child, but the adopted child has no right to object to the content of the will or request to share inheritance rights with previous parents, relatives.

3. 

   
   
   Gather the necessary papers. At the very least you will need a notarized copy of the child's birth certificate, the marriage register, the birth parents' divorce certificate (if they are married). In case the absent parents have passed away, a notarized copy of the death certificate should be prepared.
   • In cases where the natural parents do not directly support or guard the child is still alive, there must be an address to serve the litigation. If you don't have the addresses, you must make an effort to find them honestly. Minimum court-recognized search efforts include Internet searching, contacting ex-spouse's family, phone book searches, old friends' inquiries. Save them in a diary for later use.

4. 

   
   
   List assets and collect relevant documents of the adopted child. When you become a foster parent, you may have certain property rights for the child. This includes social insurance payments, wounded and martyrs' benefits, inheritance trusts, court rulings in lawsuits, land or tangible property. the other belongs to the child. These assets must be declared on the adoption application.

5. 

   Decide if you need a family attorney or will represent yourself. Where the child's absent parents are willing to agree to the adoption or where they are already dead, the step-by-step adoption process is quite simple and you can do it by yourself. In the event that the natural parents disagree, consider seeking advice from a family lawyer before applying for the adoption.

6. 

   Study adoption fees. There will be a court fee when applying for an adoption. In the US, for example, this fee can be nominal (as low as $ 20 in California), up to over $ 300 in Texas. You need to find out the corresponding fees for adopting a child in Vietnam. You will be charged a fee upon application. Other costs may include research fees on adoptive family circumstances, attorney fees for the child's attorney, criminal record check fees, mandatory court counseling fees, and certification fees. new birth. Although adoption fees vary from country to country, the total costs are typically around $ 1500 to $ 2000 in the US for a single adoption application, even if you have the child's parents' consent. and even if you don't need a lawyer (because usually a lawyer for the child will be appointed).
   • All courts have a process for waiving some or all of the filing fees. It depends on your family income and assets. Ask the court clerk about local court proceedings.
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Part 2 of 3: Applying for Adoption

1. 

   Complete an application for adoption. The adoption application is a legal document that will be filed with the court asking the judge to let you adopt the child. In the case of adopting many children at the same time, you can apply them at the same time with the same application. The adoption application is an accurate document and must be appropriate for your situation. Missing a detail or not using the right forms or templates can cause a lot of problems for you and your child later on. Therefore, you should not write your application yourself unless you have received legal training. Here are some options for preparing a adoption application.
   • Ask the court clerk about the step-by-step application and file set. These forms have been correctly corrected and accepted by the court with previous adoptions. There may be a fee and you will need to find out the corresponding fees in Vietnam.
   • Contact your local legal aid office to see if they have a packet for step-parents to adopt a step-child. The appearance of these forms will be checked by an attorney and must comply with local requirements.
   • Hire a local legal document preparation service or an attorney providing legal services. You should find out more about fees for this service in Vietnam. This is the best option if you are applying for an adoption without the consent of the child's absent parents.
   • Once completed, you will apply for a fee in the courts of the county where you have lived with the children for at least six months. The application must be filed in the county where you reside, even if your home is close to another court.

2. 

   Seeking consent from parents does not directly nurture the child. This can be the easiest part of the adoption process, but sometimes the hardest part.In the application package for adoption there is a form for absent parents to sign and notar to prove their consent. If the child's parents are willing to sign, the adoption process doesn't take off.
   • When the child adoption process is completed, parents are not directly nurtured, and guardians are released from all obligations to the child. Overdue support may be collected, but follow-up support will no longer be counted.
   • In the event that the biological parents of the adopted child have died, this will be recorded in the adoption application with a notarized copy of the death certificate.

3. 

   Adjust strategy if the biological parents of the stepchild disagree. There are two common scenarios when you don't get their approval. First, the child's absent parents have conflict, hostility and refusal to accept your adoption. Second, when the child's parents are absent or can not be contacted.
   • If you believe that the adoption will result in opposition and rivalry from other parents, you should consult a lawyer before proceeding with the adoption process. Failure to cooperate seriously by the child's parents will complicate the proceedings and, at worst, result in court proceedings. Unless you have legal training and experience in the field, the court can not only deny your adoption, but also check your new spouse's custody of foster care. young.

4. 

   Try to locate the whereabouts of the absent parents. If you don't have contact information with your child's absent parents, you will have to take the following steps. It is better to consult a lawyer to make sure you are following the correct procedures and following the adoption laws.
   • In the US, different states have different laws and regulations, and it is important that you follow the laws of your state or locality. A good rule of thumb is that if your stepchild hasn't heard from the biological parents for more than a year, and has had no financial support from them for more than a year, the court will approve. your application for adoption. Being sure of the law will keep you from getting caught up in potential legal problems.
   • You should make a reasonable effort to show goodwill to locate the child's parents. Reach out to family and friends on both sides. Search the Internet and phone book. Record your search efforts. If the judge does not believe that you tried the search, the adoption application may be delayed or rejected.

5. 

   Post a search for the child's natural parents on the media. If your attempts to locate the child's absent parent fail, you can ask the court to allow you to access a media service that will publish a notice The address of the child's biological parents in any local newspaper. Once the notice has been posted, you can continue with the adoption process. If your court does not have a form of preparation for this request, consult a lawyer, document preparation service, or local legal aid for help.
   • After media reporting is authorized, go to district newspapers to print legal notices. They will help you prepare newspaper notices and provide you with proof of publication under the law. You will be sure to find out cost information when you do this.
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Part 3 of 3: Adoption Process and Completion (This section applies in the US)

1. 

   Attend preliminary court sessions. Once services are due, usually there is a preliminary hearing where the judge will review the documents, note any deficiencies, and schedule the next steps in adoption.
   • This is the chance that the adoptive child's parents appear. In case they show up, you can talk to them for approval or consider the next move if they refuse. If the absent parent does not show up, you do not need to give them any further notice. You also do not need to make any further efforts to contact them unless ordered by the judge.
   • Be sure to follow all of the judge's orders. If the court wants more documents or information, give them as soon as possible without asking again. If the judge has a criminal background check order, you may be asked to meet with a court officer and sign a statement so they can get your information.

2. 

   Be prepared for a home visit. While home visits are exempt from step-parents' adoption, a judge still has the authority to make this screening decision. The home check is usually done by a child protection service (or any other local agency with similar functions). Collaborate and show the best of your family by welcoming social workers in and answering all of their questions.
   • The court has the power to decide to issue criminal inspection orders for adoptive parents. If the adoptive parents have a record of child abuse or child neglect, or in the past not care for or neglect their child, the court will dismiss their adoption.
   • The salon may or may not want to meet the child. This is completely up to the judge. Some assessors do not allow your child to attend the hearing. It is best to arrange child care before the justification session in court. Ask the judge if they want you to bring the child to the hearing.
   • If the child is younger than a certain age — usually fourteen — then the judge will get the child's consent for the adoption.

3. 

   Attend the last trial. At this hearing, the judge will exercise his rights over the adoptive parents. This is the last chance for absent parents to show up. The judge will review the documents and ask about your intention to adopt a child. The judge will also ask your husband / step-wife if they agree to adopt your step-child and change them for it. If the child is there, the judge will probably talk to the child. After signing the proceedings, you become the legal parent of the child.
   • It is possible that you have been scheduled on the list of pending cases at the final hearing. While this is a good time, the court can do other things. Absolute don't travel with large groups, don't bring cameras, balloons, or Anything else could interfere, interfere with court action. The judge isn't known for a cheerful, pleasant demeanor. You should have a celebration party another time.
   • Some courts that specialize in "list of adoptions" are more comfortable and bearable about celebrating. On these occasions the court is specially arranged, the judges often allow photos and create a fun, party atmosphere.

4. 

   Change the child's birth certificate. Once you have received your stamped packet, you can apply for a new birth certificate for your newly adopted child and proceed to update the child's school name and medical records. advertisement