Finalization is the legal process which transfers custody of the child from the adoption agency, county, or state to the adoptive parents. In a court hearing, an attorney represents the family and presents the case to the judge, resulting in the adoption decree. This is the moment when the adoptee becomes the permanent, legally adopted child of the adoptive parents. This process cannot occur until the adoptive parents have had the child in their home for the time determined by state statute, usually at least 6 months.
There are such a HUGE number of dads out there that aren't really the bio dad as it is (and fully believe that they are). I read as many as a million or so the other day in an article. It's craziness. The whole issue and all of these paternity issues suck bad for dads all the way around. I think there should be mandatory testing on birth day at the hospital to prove they are the bio dad in the first place. It would clear up so many paternity, adoption, child support, etc... issues.
Each state makes its own laws in the area of adoption, according to state statute. While some federal laws do apply, practices and policies can vary widely from one state to another or even from one county to the next. To learn about laws specific to your state or jurisdiction, visit the website of the Child Welfare Information Gateway, at http://www.childwelfare.gov/systemwide/laws_policies/ or contact your county's Department of Children and Youth.
Thank you for all your help. I do have one adopted child and that was private and we used a lawyer. I do know about trying to find the mother and I am in touch with the birth mothers father ( the child's grandfather) He told me she moves around alot and goes from state to state and friends to friends and that she never leaves an address or phone number. Since the father is unknown and the birth mother originally told me he died ( not sure if that's true) what will happen with that? My husband still wants to try and do this without a lawyer. We have all the papers from our local courthouse but just need to know the order in which to do them. I'm not sure we will be required to have a home study, my husband is reading up on the laws in PA a little each evening but this takes time and patience.
In MO, where I live the legal age of adulthood is 17. Some states it is 17, some 18. If I were you I would check into that. If legal age in your state is 17, I would just wait a few months and do an adult adoption. Then you would not need anyone's consent other than yours, your husband's and your (now adult) daughter. Then you could complete your adoption without stirring up a hornets nest, although if your daughter is interested in meeting her birthparents....this would be the perfect opportunity to make that happen.
You need to have a lawyer. You can't involuntarily reliquish. Relinquish means your are voluntarily giving up the child. Both parents have to voluntarily relinquish or have involuntary TPR done by a judge in court. The birthparents rights have to be terminated by a judge before you can begin the process to adopt. Usually an adoption agency handles the TPR signing. With an independent adoption, you have to have an attorney. First they will locate the birthmom & have her sign consent. Then they will attempt to locate the birthfather. If they don't know the whereabouts of the birthparents, they will have to make some kind of attempt to locate them. Usually it means sending a certified letter to the last known address, they can contact motor vehicles for address on a driver's license, and/or put a notice in newspapers in the areas where the birthparents might be living. If no one comes forward, the judge will usually TPR the parents based on abandonment and then you can adopt. The judge will need a homestudy since you are adopting a child who is not a relative of yours.