In an adoption proceeding, the petitioner seeks to have the court give permanent legal rights and responsibilities to people, other than the child's birth parents. Adoptions are handled by the Family Court (A Petitions), as well as another court called the Surrogate's Court.
There are two types of adoptions: "private placement" and "agency" adoptions. Although the procedures may be slightly different, the effect of both kinds of adoptions is the same.
Private placement adoptions are conducted when individuals seek to adopt without the aid of a child care or adoption agency. Persons who wish to adopt a child, under these circumstances (adoptive parents) must be "pre-certified" (approved) to have temporary custody of the child while the court decides if they can adopt the child.
Agency adoptions refer to cases where a child is already in the custody of an agency and the rights of the birth parents already have been legally terminated. These adoptions are handled through the foster care agency, which investigates the home of adoptive parents, and prepares and files the necessary papers and reports with the court. In some cases, the court may order other agencies, such as probation, to investigate the home of the adoptive parents.
When an adoption is approved, the adoptive parents are considered the child's legal parents. If the child is over the age of 14, the child must consent to the adoption.
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