Adopting from foster care means adopting a child who is currently in the care of a state’s foster care system. Children may be adopted either by foster parents who have cared for them on behalf of the state or by a waiting adopting family.
Let’s take a closer look at how this process works, and highlight some important things for prospective adoptive parents to consider.
How Adopting from Foster Care Works
Children are placed in foster care when they are removed from a home due to neglect, physical abuse, or substance abuse on the part of a parent or guardian. If parents or guardians fail to meet the requirements of a court-ordered reunification plan, their parental rights to the child might eventually be terminated and an adoptive family is sought for the child.
If no relative or close friend of the original parents or guardian can adopt, then the foster care family caring for the child is usually given the first opportunity to adopt. If a foster family is not able to adopt a child, then the state will otherwise seek a permanent home for them.
How Adopting From Foster Care Is Different
While adoption from foster care shares many similarities to other types of adoption, it differs in some important ways.
- Children adopted from foster care tend to be older, averaging around seven years of age. This is because they have already usually spent several years away from their birth families. It is rarely possible to adopt infants from foster care.
- Children in foster care are diverse. They come from a wide range of backgrounds and may have medical or educational challenges. Your adoption is more likely to be successful if you are willing to adopt regardless of age, race, gender, or special needs.
- Many children in foster care have attachment or behavioral issues as a result of abuse or neglect from their biological parents or experiences in the state foster care system. As an adoptive parent, you must be prepared to help your child with these challenges.
- Many foster children are part of a sibling group, and it is very beneficial if they can be placed together with a family that is willing to adopt multiple children.
Two Types of Adoption
It is also important to understand the two ways in which adoptions from foster care take place. These are:
- Foster-to-adopt: Families that care for children while state social workers attempt to reunite them with their biological family or close relatives are usually given the first choice of adoption when parental rights are terminated.
- Direct foster care adoption: Families approach state agencies to adopt children whose parental rights have already been terminated and who cannot be adopted by a foster family.
Becoming a foster parent should not be taken lightly. Foster parents sign agreements with local agencies that they will work toward the goal of reunification of the child with the biological family or alternatively placement with a relative or in kinship care. Foster parents should not expect that they ultimately will be able to adopt the child. If they are able to do so, it is because all other options have been exhausted.
Eligibility Varies
In general, requirements for eligibility governing adoptions from foster care are the same as those governing all other adoptions. Laws covering adoption eligibility, however, vary widely from state to state, and may include specific considerations including:
- Minimum age
- State residency
- Marital status
- Military families
- Number of children already in the household
- Varying levels of background checks
- Commitment to training
Costs Vary
Adoption from foster care is the least expensive form of adoption, but you should still be prepared for some expenses, not to mention the responsibility of raising an additional child. Most states do provide subsidy assistance with the following:
- Home study: A series of questionnaires, interviews, and home visits to establish that your family is physically, emotionally, and financially ready to adopt a child. Some states cover home study costs for families looking to adopt from foster care.
- Home preparations: Home visits might identify improvements that need to be made to your home to make it both safe and welcoming for a new child.
- Legal costs: In most states, legal fees are covered by the state for adoption from foster care. In Virginia, there is typically a $2,000 subsidy allowance for legal fees and costs.
It is important to understand what subsidy funds will or will not be available when considering adopting a child out of foster care.
Birth Parents
In some cases, a birth parent may voluntarily terminate their parent rights subject to an ongoing contact agreement. This oftentimes is referred to as a post-adoption continued contact agreement (PACCA).
Tips for Would-Be Adoptive Parents
Adoption is a life-long commitment and can be a challenging but very rewarding experience. Here are some general tips to bear in mind as you start your journey:
Start early, and be patient: Adoption from foster care can take anywhere from 9-18 months. Interstate adoptions can take longer. Learn everything you can about the process. Be patient and committed.
Reach out: It does take a village to raise a child and a network to place a child in a home. Talk to social workers, counselors, and other adoptive parents. Keep in touch with case workers. Join local parent groups or support groups.
Get the right legal help: Good legal advice ensures your security and peace and mind and the future of your child. Adoption laws vary widely between states. Talk to a qualified adoption attorney who can help you navigate your state’s adoption process safely.
A Practice Devoted to Building Families
Adoption is a potentially life-changing experience for a child and a deeply rewarding one for many parents. Quinn Law Centers is here to help you navigate the process of building your family through adoption.
With in-depth knowledge of the changing legal landscape covering adoption in Virginia, Quinn Law Centers is ready to help you build your family your way.
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