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Adoption & Foster Care

Adoption & Foster Care. Step Parents. What are their legal rights & responsibilities? Must care for stepchild until they no longer live in house or longer, if the parent acted in loco parentis (in the place of a parent)

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Adoption & Foster Care

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  1. Adoption & Foster Care

  2. Step Parents • What are their legal rights & responsibilities? • Must care for stepchild until they no longer live in house or longer, if the parent acted in loco parentis (in the place of a parent) • Step parents do not have full parental rights unless they adopt their step children.

  3. Adoption • The legal process by which an adult or adults become the legal parent(s) of another person. • Adults may adopt another adult. • Open v. Closed Adoptions

  4. Who must consent to an adoption? • The mother (12 years and older) • The man who was married to the mother or has legitimated the child • A guardian • The agency that placed the child for adoption • The guardian ad-litem of an incompetent parent

  5. When can consent be executed? • Father: Anytime • Mother: After the child’s birth • Has 7 days after the birth to revoke consent. • Second consent is final

  6. Legal payment to birth parent • Medical, hospital, pharmaceutical and nursing costs • Travel expenses • Counseling services. • Ordinary living expenses • Legal and court costs • Payments cannot be made “for the child”

  7. Grandparent’s Rights • Grandparents can petition for visitation rights if the child’s parents will not voluntarily grant them. • Usually, states will not overrule a parental challenge.

  8. “Infant Safe Haven Laws” • Mothers may relinquish their babies up to 7 days old without being charged with abandonment.

  9. Surrogacy • Definition? • N.C. does not have any laws that deal with surrogacy. • After the birth, the requesting mother and father adopt from the carrying parent • Celebrity Surrogacy

  10. Foster Care • Homes that temporarily care for minors that are not their birth children. They are not considered to be the legal guardian. • Group Home: Placement where several children in foster care live together

  11. Foster Care Options • When the state takes over a child’s care, the state becomes the temporary legal guardian. • Kinship care: children are placed with relatives (families must be licensed)

  12. Black Market Adoptions • Pregnant women turn their babies over to agency adoptive parents without going through an adoption. • Known as a “go between”. • Adoption Video-play second video

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