Adoptions of children and young adults often involve people who already know affected children well. Stepparents, grandparents, aunts and uncles are among the numerous parties who may seek to adopt a child due to difficult family circumstances. When the parent(s) of a child cannot or will not fulfill their responsibilities, others may step into that role.
An adoption within the family can provide a child with a sense of stability and better resources. It can also protect them from a scenario where a volatile or unstable parent suddenly comes back into their life and tries to change everything about their day-to-day experience.
Family members stepping up to complete an adoption may need consent from the parents and approval from the Kentucky family courts. Do they also need to get the approval of the child they intend to adopt?
Older children must consent to an adoption
As a general rule, Kentucky family law judges focus on what is in the best interests of children when they make decisions about custody or placement-related matters. That is as true in an adoption scenario as it is when divorcing parents need to split up parenting time. A child’s preferences can be an important consideration.
In fact, in an adoption scenario, the child may need to consent for the adoption to proceed. Once a young adult reaches 12 years of age, their consent is typically necessary to complete a legal adoption. It is therefore important to discuss the possibility of the adoption with the child early in the process.
Even when the child in question has a positive relationship with the prospective adoptive parent, they may feel conflicted about the idea of adoption. In some cases, they may need time to think about it, especially in scenarios where they may have limited contact with their parents or they have lost a parent. For some children, severing the legal ties that bind them to their parents through adoption can be very difficult to consider.
Those preparing for an adoption within their family need to consider social and emotional matters as well as legal considerations throughout the process. Discussing the potential benefits of an adoption with a skilled legal team can be a good place to start what can be a difficult and emotional conversation.
