A Practitioner of Family Law in Rochester MN Helps Clients Adopt Children From Foster Care

by | Jun 6, 2018 | Lawyers


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Federal laws have set parameters that encourage adoption of children in the foster system. Yet many youngsters remain in foster care for years, hoping for a permanent home with adoptive parents. Attorneys that practice Family Law in Rochester MN can help an individual or couple who would like to adopt an child out of the foster care system.

Possible Complications

These efforts can be complicated because biological mothers and fathers may not consent to the adoption and may not want to have their parental rights terminated. Nevertheless, federal law mandates that the process for ending those rights should begin once the child has been in foster care through a state agency for 15 months within a certain time frame. If one or both natural parents want to stop this process, they are required to provide convincing reasons why they should remain the legal parents.

When Natural Parents Retain Some Rights

The clients of an attorney practicing Family Law in Rochester MN may be able to adopt the child while the natural parents still retain some rights. For instance, a judge may decide that the biological parents should be allowed some ongoing contact with the youngster. The details of the agreement will be documented with the court. The natural parents might be allowed supervised visitation. This is relatively common and can be healthy for the child if the relationship is not toxic.

In some situations, the contact between the child and the biological parents is infrequent or stops altogether. This may be because there is no strong bond or the parents are unable to be responsible adults. In contrast, sometimes the adoptive parents, the child, and one or both natural parents form a strong relationship together. This is rewarding for everyone.

Concerns About Revocation of Consent

Many adoptive parents are fearful that the consent to adopt will be revoked. This is not usually an issue when a child has been adopted from foster care, but the possibility exists. In Minnesota, the law favors the adoptive parents because the time frame allowed for revoking consent is only 10 days. Anyone who needs legal representation for the adoption process may Click Here to learn more about Rolsch Law Offices.

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