Minneapolis Adoption Lawyer
The adoption process can be complex, time-consuming, and in some cases, challenging. By enlisting the expertise of a Minneapolis adoption lawyer, you can ensure the adoption occurs with minimum issues and is a rewarding experience for you and your family.
Adopting a child is a milestone worthy of celebration, even if the circumstances giving rise to the adoption were less than ideal (or even tragic). Taking this formal step provides a child with a bright future.
The adoption process itself, however, can be stressful and time-consuming. One challenge can be when a biological parent is contesting the adoption. Enlisting the help of a qualified Minneapolis family law attorney can go a long way toward alleviating your worries and having an attorney who will expedite the process and fight on your behalf when needed.
The adoption lawyers at Milavetz Law, P.A. are ready to put their expertise to work on your behalf. For decades, we have been successfully creating and serving families with their legal needs.
Types of Adoption in Minneapolis
Adoption is the legal process of a person assuming the parental role of another, who may be a child or adult, from their biological or legal parent(s). It permanently transfers all rights and responsibilities from the previous parents to the adoptive parent(s.)
Adoption of a Minor
The adoption of a minor is the adoption of a child under the age of 18. Rest assured, we will always prioritize the well-being of the child or children during the adoption process.
In Minnesota, there are different types of adoptions:
- Relative adoption: Also known as a kinship adoption, it involves adoption by a family member, such as a sibling, aunt, or uncle.
- Grandparent adoption: The adoption by a maternal or paternal grandparent.
- Stepparent adoption: The adoption by the spouse of the mother or father.
- Agency adoption: An adoption that occurs through an agency for a child who is a ward of the state or a child placed by a charitable or religious organization.
- Private adoption: An adoption where typically and infant or young child is placed directly into an adoptive home without going through an adoption agency. The biological parents and adoptive parents normally arrange a private adoption. However, the county may often require a home study.
- International or intercountry adoption: An adoption of a child from another country. Requirements may include legal proceedings in the child’s home country, issuance of a visa, and confirmation of adoption by a Minnesota court, and a home study.
Minors aged 14 and older must sign a consent form for the adoption
Adoption of an Adult
The adoption of an adult is the adoption of a person over the age of 18. Any adult person can be adopted in Minnesota.
The adoptee must consent to the adoption and attend a court hearing with the adopter. Additionally, a Petition for Adult Adoption must be filed in the county where the adopter lives. Other documentation, such as the adoptee’s list of assets or birth certificate, may also be needed.
Various laws and policies have been implemented to ensure the adoption process is conducted in a manner that best protects the child or children involved and the adoptive parents. The National Council for Adoption summarizes the applicable adoption laws in the United States.
Adoption and Safe Families Act
The Adoption and Safe Families Act is a federal law that puts time frames and requirements on all states to move a child from foster care into adoption. It was passed in 1997.
Indian Child Welfare Act
The Indian Child Welfare Act was passed in 1978 and is federal legislation that specifies which Native American children are eligible to be adopted. It requires tribal involvement in all Native American child adoptions and preserves tribal sovereignty in relinquishment and adoption.
Interstate Compact on Placement of Children (ICPC)
The Interstate Compact on Placement of Children agreement manages the placement of a child from one state into another to ensure that all requirements are met and that the placement is safe and suitable.
Multi-Ethnic Placement Act (MEPA)
The Multi-Ethnic Placement Act is a federal law that, according to the Office of the Assistant Secretary for Planning and Evaluation, “prohibits child welfare agencies that receive federal funding from delaying or denying foster or adoptive placements because of a child or prospective foster or adoptive parent’s race, color or national origin and from using those factors as a basis for denying approval of a potential foster or adoptive parent.”
Putative Father Registry Laws
Putative father registry laws regulate the influence an unmarried and uninvolved biological father can have on the birth mother’s choice to place the child for adoption.Putative father registry laws regulate the influence an unmarried and uninvolved biological father can have on the birth mother’s choice to place the child for adoption.
Safe Haven Laws
Safe Haven laws allow birth mothers to relinquish their newborns confidentially and legally. They are intended to prevent unsafe abandonment. The babies are then placed for adoption.
Various intercountry laws have also been enacted, including the Hague Convention, the Intercountry Adoption Act of 2000, and the Universal Accreditation Act.
Certain qualifications and exceptions may apply. Contact our Minneapolis adoption lawyers for further assistance.
What are the requirements for adoption in Minneapolis?
Under Minnesota Statute 259.22, a person petitioning to adopt a child, also called the petitioner, must have lived in Minnesota for at least one year. Certain circumstances may reduce this time frame to 30 days if it is in the child’s best interest or if the petitioner is a relative or friend of the child with whom the child has had significant contact.
The adoption petition must be filed within nine months after the adoption placement occurred. Failure to do so can result in the adoptee being removed from the adopting home. Various circumstances can extend this time frame, including if the child has special needs or if it’s in the best interests of the child that more time is granted to adjust to the home.
Requirements for the Adoption of a Minor
In Minnesota, all adoptions of a minor must be filed in court to protect the child’s best interests. The adopter must file a petition for adoption and a proposed adoption decree. Generally, one petition can be filed for the adoption of two or more persons. Generally if there is a birth parent who has not give up rights, they must be served with the petition.
Under Minnesota Statute 245C.33, the petitioner must also undergo a background check and home study prior to court proceedings. A hearing is then set before a judge to assess the adoption and petition. If the judge grants the petition, an adoption decree is issued, and the adoption is finalized.
Additional requirements and exceptions may apply. Our Minneapolis adoption lawyers will walk you through the steps specific to your adoption case and answer your questions.
What are the benefits of hiring a Minneapolis adoption lawyer?
At Milavetz Law, P.A., we are committed to guiding you through this important life event and seeing you succeed. Our lawyers handle both contested and uncontested adoptions involving stepparents, grandparents, and other relatives. We also handle custody cases stemming from the loss of children’s parents.
We will work hard to ensure the case goes as smoothly as possible. You can count on our Minneapolis adoption lawyers for reliable representation through all stages of the process, including:
- Filing the petition
- Serving a birth parent if necessary
- Undergoing the home study
- Preparing for the hearing
- Ensuring fair representation during the hearing
Drawing on a wealth of experience, our adoption lawyers can help you avoid the common pitfalls that could delay or derail your case.
We will prepare the legal documentation, represent you in court proceedings, and ensure the legal rights, benefits, and protections of your adoption. Our Minneapolis adoption lawyers provide support before, during, and after the adoption process.
We will set you on the right path by offering guidance on the terms of adoption law, tips for successful stepparent adoption, practical expectations for the hearing, and anything in between.
Can you file adoption papers without a lawyer?
Yes. However, we strongly advise against it. The adoption process can get complex and, in some cases, unpleasant. An adoption attorney will provide helpful insight, guide you on the correct procedures, and work to ensure you are properly represented.
How much does an adoption lawyer cost?
Most adoption lawyers charge an hourly fee. The hourly rate depends on numerous factors, including the lawyer’s experience and the type of case. At Milavetz Law, P.A., we offer a free initial consultation where we can review these details together.
Contact the Minneapolis Adoption Lawyers at Milavetz Law, P.A.
If you’re considering the adoption of a minor or an adult, reach out to our Minneapolis adoption lawyers today. We ensure complete transparency in all aspects: addressing your concerns, debunking common misconceptions about adoption, reviewing state adoption laws, determining exceptions applicable to your case, and more.
Our experience makes us the best choice to represent you and your growing family.
Discuss Your Legal Questions With A Member Of Our Team
Minneapolis Office Location
305 North 5th Avenue, Suite 300
Minneapolis, MN 55401
Content Reviewed by:
Alan Scott Milavetz