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Factors that affect the adoption process

Although the adoption of a child involves one or two adults formally acquiring guardianship and parental rights over a child, at Berg, Debele, Desmidt & Rabuse, we have seen that the circumstances under which an adoption occurs can be very different. These differences can dictate the legal strategies that are required to ensure that the adoption is successful.

Following are some common circumstances surrounding adoption that family law attorneys see in Minnesota:

-- Where the child is from: The origin of the child can change the adoption strategy dramatically. Children might be from other countries, other states or from Minnesota. The laws associated with the child's origin must be considered and navigated appropriately during any adoption.

-- Private placement or licensed agency: Whether the adoption is a private placement or facilitated by a licensed adoption agency can alter the way an adoption is handled.

-- Who is adopting the child: If the child is being adopted by foster parents, stepparents or relatives, it could require a specific strategy.

-- Children with special needs: Parents planning to adopt a child with special needs can in some cases seek financial assistance and subsidies from the government. These subsidies must be appropriately applied for.

-- Open or closed adoption: A closed adoption happens when the parents (and later the child) will have the identity of the biological parents concealed from them. An open adoption means that the biological parents are known.

There are other important considerations that future adoptive parents will want to plan for. As such, Minnesota parents who are planning to adopt a child may want to talk with a qualified family law attorney about the best adoption strategies to employ given their circumstances.

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