In this era of child trafficking for nefarious reasons, allowing adoption without regulation is a calamity. The law is crucial in vetting prospective families applying for adoption and continuous monitoring the created family thereafter. Many childless couples look to adoption as an option to raise a family. Conversely there are many children orphaned, or separated from their parents in conflict zones and require a family to grow in. Both these groups of people can only find fulfillment through an enabling family law that guarantees their fundamental rights.
The family law has an elaborate framework within which anyone intending to adopt a child operates. Priority however, is given to the safety and best interests of the child. As such, emphasis is placed on the character and suitability of the prospective parents. They must demonstrate to the authorities and eventually to the courts that they are emotionally and financially stable and that the physical home set up meets statutory requirements. They must be mature of age as per each state’s stipulation and of sound mind. It is preferred that a married couple applies for child adoption. Convicted felons are excluded as well as anyone with a child molestation record. The child welfare department does all the preliminary vetting before the application is presented in court for process.
The family court takes over and directs the process according to the precepts of adoption law. During this court process, the court may appoint an interim guardian (guardian ad litem) to take custody of the child until the adoption application is determined. A foreigner applies through his home government agency and the same verified through the foreign offices of the receiving country. Besides the criminal and other statutory records, the court orders for a home evaluation report. This report highlights among other things:
Description of the physical amenities in the home, number of bedrooms and whether it is suitable for a growing child
A general assessment of the living standards in the home
Relationship between husband and Wife and their legal status
Are there any other children in the home
Is the couple gainfully employed
Medical history of the applicants
Amenities prepared in advance at home for the child
Arrangements for the child’s education
Reasons for adopting
The couple’s standing in the community
The family court will interrogate the applicants on all facets of their personal lives, economic and social status to form a solid basis under family law to grant them adoption rights. Next, the court will ascertain that the child is fit for adoption and that the applicants are compatible with the child. The family court’s oversight continues until the adopted child attains legal adult age.