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. |