Adoption
NOTE: The information contained on this page is for general background information only. If you have a legal question, it is best to consult with an attorney.What is the first step in privately adopting a child?
What is a private adoption?
How can I get the judge to terminate the natural parental rights of the child I wish to adopt?
What are the requirements for adopting a child?
What do I do after the parental rights are terminated?
Do I have to do a background check and home study in order to adopt? How much does this cost?
What is the first step in privately adopting a child?
In order to adopt a minor child, the parental rights of the child's natural parents must first be terminated. this can be done either by the parents' notarized and witnessed consent or by a judge's order for termination.
What is a private adoption?
A private adoption is one in which a local or state agency is not involved. If the minor child was ever involved or is presently involved in a Child Protective Services investigation, this generally moves the adoption out of the private adoption arena and into an area where the State will be involved in determining the placement of the child.
How can I get the judge to terminate the natural parental rights of the child I wish to adopt?
In order for a judge to terminate parental rights, the judge must first determine that specific grounds for this are met, such as neglect, abandonment, or abuse. See NRS Chapter 128 Termination of Parental Rights. A judge will not terminate parental rights without first being satisfied that the parent had sufficient notice of the petition to terminate or that a satisfactory due diligent search effort was made to try and locate the parent. This means that even in situations where the child’s father is truly unknown, service by publication to a “John Doe” will need to be made regarding the matter.
What are the requirements for adopting a child?
There are certain legal requirements that must be met before a Judge will grant an adoption. For example, there must be at least a ten year age difference the child and prospective parent and the child, the child must be a Nevada resident, the person with actual physical care of the child must be properly notified about these proceedings, and the child must consent to the adoption if the minor is at least fourteen years old. Additionally, not only will the prospective parents need to show that the natural parents were given proper notice of these adoption proceedings, but other known relatives must be notified as well. This allows for any and all persons who might oppose the adoption to come forward to the court and contest. A Judge will not order an adoption if the Court does not believe sufficient notice was sent out to the minor’s relatives. Finally, if the prospective parent has been convicted of a felony or ever been investigated for child abuse, this poses a potential problem to the granting of the adoption.
What do I do after the parental rights are terminated?
Once the Petition for Termination of Parental Rights has been granted, you may proceed with your Petition for Adoption. See NRS Chapter 127 Adoption of Children and Adults. Generally, in Nevada, if you are married, your spouse must also consent to the adoption.
Do I have to do a background check and home study in order to adopt? How much does this cost?
If one of the proposed adoptive parents is related to the child by the third-degree of consanguinity, a waiver of the home study and background check can be requested to the Judge. If such things are not waived or are needed because the proposed parents are not relatives, it can be quite costly, beginning at about $2,000, for a private adoption agency to perform the home study and visits.
NOTE: The information contained on this page is for general background information only. If you have a legal question, it is best to consult with an attorney.
