Relative Adoption
There are several factors to consider in relative adoptions:
- Adoption laws are generally state laws and can differ substantially from one state to another.
- In light of the differences in state adoption laws, the following is general information for your consideration. There is no substitute for advice from a competent licensed adoption attorney in your area who is familiar with the legal intricacies. (To find an adoption attorney, visit the Directory of Professionals.)
- "Relative adoptions" are not the same as "stepparent adoptions." {For information, see Stepparent Adoption.)
In most states, relative adoptions are treated somewhat less formally than non-relative ("stranger") adoptions. They may require only an abbreviated homestudy, or none at all. For this preferential treatment to apply, the adoption must fit the definition of a relative adoption under state law. Most state laws define "relative" by degree of relatedness. For example, Arizona adoption law defines a "relative" as "uncle, aunt, adult sibling, grandparent or great-grandparent of the child of the whole or half-blood or by marriage or adoption." Not fitting in this general definition are cousins of any degree or children of nieces or nephews. You will need to consult your attorney or the specific law in your state.
General Considerations
- Just as with any adoption, there must be a proper termination of the parental rights of both the child's biological parents. New birth certificates are issued, and adoption records are sealed in accordance with state laws.
- Adopting a close relative's child may be the best solution for the child, but it can cause a radical change in the dynamics of your relationship with that relative. These types of relationships have the potential to become strained or severely damaged due to questions of "quasi co-parenting" and exactly who is the child's parent. The reality is that this dynamic will be different for everyone involved, including all family members, and extending to other children the biological parents may have now or in the future. You will be confronted with questions of relatedness (is your child their cousin? sibling? aunt? uncle?), among others. Can this be done? Yes. Will it be a snap? No. The openness encouraged in adoptions today will help communication with all parties, and those experienced with relative adoptions strongly recommend counseling before and after the adoption whenever possible.
- Depending on the child's age and the circumstances of the adoption, talking to your child about the adoption may involve additional complexities due to previous and current relationships, death and grief, disappointments, and human failings. Do seek out support groups and educational books and tapes.
Additional Resources
Relative Adoption Forum
Grandparent Adoption Forum
Book: Telling the Truth to Your Adopted or Foster Child
For more information specific to Grandparent Adoption and more options available to those who are caring for related children, including adoption, guardianship, legal custody, and open adoptions, see Legal Options for Relative Caregivers.
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Keeping the Family Tree Intact
Encyclopedia: Family Preservation
Adopting My Nephew: African-American and an Adopting Parent
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