Case On Adoption Law

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Case On Adoption Law

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Case On Adoption Law

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Question:
Discuss about the Case on Adoption Law.

Answer:

Introduction
When a person takes the responsibilities of a child, to raise the child in a way they would raise their own child, it is known as adoption. It is a formal process through which a legal relationship between the child and the guardian is created. The adopted child becomes the child of the adoptive parent and gets all the rights that a biological child would have. So, an adoptive child would be the legal heir of the parent and this would terminate the child’s legal rights in relation to his natural parents (Child Welfare Information Gateway, 2016). In the following segments, a discussion on adoption for the given case has been made.
Legislation
In United States, the adoption is ruled by federal laws and the state laws. Federal laws provide the standards which the States have to comply with in their adoption laws. State laws contain the adoption laws based on the area of adoption which can be domestic or inter country. State laws also contain the laws regarding post adoption. The Constitution of US does not mention adoption as a fundamental right as was seen in the case of Lindley for Lindley v. Sullivan, 889 F.2d 124 (7th Cir. 1989) (Cornell University Law School, 2016). So, adoption can only take place if the enabling statues exist.
In North Carolina, There are certain requirements for adoption which have to be fulfilled and these are stated here. The adoptive parents have to be of at least 18 years of age (Adopt US Kids, 2016). A person can be adopted regardless of the age of such person. So, a minor as well as an adult can be adopted in North Carolina. A person who is married, single, divorced or widowed can adopt. Further, the adoptive person may or may not have a previous experience of parenting. Even if such person has a child, they can adopt another person. The person interested in adopting may be living in his own house or on rent. The North Carolina Adoption Statute and Law are stated in Chapter 48, through its various articles, which relates to Adoptions (Child Adoption Laws, 2013).
The adoptive applicants are checked for a criminal record by taking finger prints of such applicants. Further, the adoption agencies state the necessary number of training hours for the adoptive parents. A person can become an adoptive parent only if such person can provide the adopted person with the necessary care and stability (Find Law, 2016). Such parent has to be ready to face the challenges which may arise due to adoption of a person.

A person who is above 12 years of age can only be adopted only after the approval is taken from such person. Further, to adopt in North Carolina, the adoptive parents have to live in the state for a minimum of 90 days. A parent adopting a person with special needs receives adoptive subsidy. Federal title IV-E and state adopting assistance programs, known as non-IV-E are formulated to assist the parents in meeting the costs of such special adoptive children (North American Council on Adoptable Children, 2012). A child with learning difficulties is included in the list of special children. But such child has to be analyzed by a qualified professional. Such professional has to diagnose that the child has a psychiatric condition which weakens the mental, intellectual, or social functioning, of the child. The professional also has to show that such child requires professional services.
A special child can only be adopted if such child is free for adoptions. Further, such child has to be in the placement responsibility of North Carolina agency, which has been authorized to place the child as eligible, for adoption assistance. After the adoption process is completed, the payments of adoption assistance are granted to the adoptive parent.
Advice
In the given case, Brenda is divorced and is of above 18 years of age. The person she wants to adopt, Leesa, is 22 years old. She is diagnosed with learning difficulties. Brenda wants to adopt Leesa and Leesa also wants the same. So, the essential as per the statues of North Carolina have been fulfilled here and hence, Brenda can adopt Lessa. But Brenda would have to get a certification from a professional which proves that Lessa has learning difficulties, so as to be eligible for the adoption assistance. So, it is advised to Brenda to get the necessary certification so as to adopt Lessa as per laws and also be eligible for the adoption assistance.

References
Adopt US Kids. (2016). North Carolina foster care and adoption guidelines. Retrieved on 15/09/16 from: https://adoptuskids.org/adoption-and-foster-care/how-to-adopt-and-foster/state-information/north-carolina
Child Adoption Laws. (2013). Child Adoption Laws North Carolina. Retrieved on 15/09/16 from: https://www.childadoptionlaws.com/child_adoption_laws/adoption_laws_north_carolina.htm
Child Welfare Information Gateway. (2016). Adoption. Retrieved on 15/09/16 from: https://www.childwelfare.gov/topics/adoption/
Cornell University Law School. (2016). Adoption. Retrieved on 15/09/16 from: https://www.law.cornell.edu/wex/adoption
Find Law. (2016). North Carolina Adoption Laws. Retrieved on 15/09/16 from: https://statelaws.findlaw.com/north-carolina-law/north-carolina-adoption-laws.html
North American Council on Adoptable Children. (2012). North Carolina State Subsidy Profile. Retrieved on 15/09/16 from: https://www.nacac.org/adoptionsubsidy/stateprofiles/northcarolina.html

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