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What roadblocks could occur in an adoption?

On Behalf of | Sep 26, 2022 | Adoptions |

Adopting a child is a huge undertaking. It is also a massive legal process that could have some challenges along the way. Common issues are when there is another person blocking your ability to adopt.

FindLaw notes that such problems with adoption can occur at any step of the way. But knowing what to expect can help you to navigate the situation.

Racial issues

While you can adopt a child of any race and federal law will back up interracial adoptions, there is one exception. Native Americans have special considerations when it comes to adoptions. Federal law upholds the rights of the tribe to approve any adoption of a Native American child. You may find the tribe will not agree to your proposal and refuse to allow you to go through with the process.

Parental issues

To adopt a child, his or her biological parents must give up all rights. In some cases, the court will terminate the rights. This often happens in cases where there was abuse or neglect or a parent who is habitually incarcerated or who has substance abuse or mental health struggles that make it impossible for him or her to parent a child properly.

In cases where the court does not step in, though, you would need to seek the voluntary termination of rights from the parents. Sometimes, even if they do not or have never had custody of their child, they do not want to give up their rights. It can be a lengthy process to terminate rights and pave the way for the adoption to occur.

While it may not be an easy road to adopt, in the end, you and the child will benefit from staying on task and pushing through potential issues that may occur.