How do I adopt my niece so she can get education assistance?
Full Question:
How do adopt my niece? I want to adopt her so she can get education assistance under my dependent education assitance from the veterans administration.
04/29/2009 |
Category: Adoption |
State: ALL |
#16447
Answer:
Adoption is a complex process, but it follows a fairly predictable sequence of events. Generally, a petition for adoption is filed and then a hearing is held. If the child is age 10 or older, they must consent to the adoption, and if they are under 18 and parental rights haven't been terminated, the parent(s) must also give consent.If the parents' rights haven't been terminated, the following statutes apply:
§ 5-331 FAM. LAW. Petition for adoption.
(a) Authorized. - Before termination of parental rights as to a child, a petition for adoption of the child may be filed only as provided in this Part III of this subtitle.
(b) Petitioner. -
(1) With the consent of the local department with custody of a child, any adult may petition a juvenile court under this part iii of this subtitle to adopt the child.
(2) If a petitioner under this section is married, the petitioner's spouse shall join in the petition unless the spouse:
(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or
(ii) is not competent to join in the petition.
(c) Contents. -
(1) A petitioner under this section shall attach to a petition:
(i) for a parent who is dead, a death certificate;
(ii) for each other parent:
1. the consent required under this Part III of this subtitle;
2. an affidavit, by the local department with custody of the child, stating that: A. despite reasonable efforts as provided in § 5-316 of this subtitle, the parent cannot be located; and B. to the best knowledge of the local department, the parent has not contacted the local department or child for at least 180 days immediately before the filing of the petition; or
3. if applicable: A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws;
(iii) each other consent required under § 5-338 of this subtitle;
(iv) a copy of an agreement, if any, for postadoption contact; and
(v) a notice of filing that:
1. states the date on which the petition was filed;
2. identifies each person whose consent was filed with the petition;
3. states the obligation of a parent to give the juvenile court and local department notice of each change in the parent's address;
4. if applicable, states that a postadoption agreement was filed with the petition;
and 5. includes no identifying information that would be in violation of an agreement or consent.
(2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.
(d) Amended petition. - If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.
(e) Assistance from local department. - The local department with custody of the child shall assist a petitioner in complying with the requirements of this section.
§ 5-338 FAM. LAW. Authority to enter an order for a child's adoption.
(a) Consent or acquiescence. - A juvenile court may enter an order for a child's adoption under this Part III of this subtitle only if:
(i) both the child's parents are dead;
(ii) an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents;
(iii) parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5-305 of this subtitle; or
(iv) 1. at least one of the child's parents:
A. is represented by an attorney;
B. has had an opportunity to receive adoption counseling and guidance services; and
C. consents to the adoption:
I. in writing; or
II. knowingly and voluntarily, on the record before the juvenile court; and
2. the parent who does not consent:
A. is dead; or
B. I. despite reasonable efforts as provided in § 5-316 of this subtitle, cannot be located;
II. has not contacted the local department with custody of the child or the child for at least 180 days immediately before the filing of the petition; and
III. fails to respond to a show cause order served under § 5-334 of this subtitle;
(2) the director of the local department with custody of the child consents; and
(3) the child:
(i) is represented by an attorney; and
(ii) 1. if at least 10 years old, consents; or
2. if under the age of 10 years, does not object.
(b) Withholding consent. - A local department may not withhold consent for the sole reason that the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent.
If the parents' rights have been terminated, the following statutes apply:
§ 5-345 FAM. LAW. Petition for adoption.
(a) Authorized. - If, after termination of parental rights as to a child, there is an open guardianship case, a petition for adoption of the child may be filed only as provided in this Part IV of this subtitle.
(b) Petitioner. -
(1) Any adult may petition a juvenile court for an adoption under this Part IV of this subtitle.
(2) If a petitioner under this section is married, the petitioner's spouse shall join in the petition unless the spouse:
(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or
(ii) is not competent to join in the petition.
(c) Contents. -
(1) A petitioner under this section shall attach to a petition:
(i) 2. all written consents required under § 5-350 of this subtitle; or
2. if applicable:
A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and
B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws;
(ii) a copy of an agreement, if any, for postadoption contact; and
(iii) a notice of filing that:
1. states the date on which the petition was filed;
2. identifies each governmental unit or person whose consent was filed with the petition;
3. if applicable, states that a postadoption agreement was filed with the petition; and
4. includes no identifying information that would be in violation of an agreement or consent.
(2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.
(d) Amended petition. - If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.
§ 5-350 FAM. LAW. Authority to enter an order for a child's adoption.
(a) Consent. - A juvenile court may enter an order for a child's adoption under this Part IV of this subtitle only if:
(1) for an individual under the age of 18 years, the individual's guardian consents; and
(2) for an individual who is at least 10 years old, the individual consents.
(b) Withholding consent. - A guardian may not withhold consent for the sole reason that the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent.
