There are many forms of adoptions: step-parent adoptions, grandparent adoptions, extended-family adoption, domestic partnership adoption, open adoption, and closed adoption. By adopting a child, you are accepting all the rights and responsibilities afforded to the biological parents. In Nevada, the adoption process includes adoptive-parenting classes, a home study, a placement period, and court approval.
Before an adoption can take place, the parental rights of both biological parents must be terminated. This can be done voluntarily by written consent to the adoption, or involuntarily by order of the court. Both biological parents must render consent to the adoption, unless one parent is deceased, in which case the court will require proof of death. It is important to note that written consent cannot be nullified or rescinded.
If the biological parents cannot be located or refuse to consent, the court may forcibly terminate all parental rights. When terminating the parental rights of a child, the Court considers numerous factors, such as the best interest of the child, whether there has been abuse, neglect or abandonment, any efforts towards financial support, and whether there has been parental involvement in the child’s life. Once the court has issued an order terminating parental rights, the parent no longer has any interest in the custody, care, or control of the child. While this order relieves the biological parents of future financial obligation, it also prevents them from participating in any decision regarding the child.
Nevada Revised Statute 127.020 states that an adult must be at least 10 years older than the minor child to be adopted, and if the minor child is fourteen years of age or older, the child must consent to the adoption. Any single adult or married couple who has resided in Nevada for six months or more may petition for adoption. A married person may not petition to adopt as an individual; both parties to the marriage must be parties to the adoption.
Our firm is experienced in navigating the complexities of parental rights and handling all types of adoption. Whether you are contesting a termination of parental rights, consenting to an adoption, considering a private adoption, or pursuing adoption through an agency, our attorneys will be with you every step of the way.
Contact a Hawthorne Nevada family lawyer at (775) 333-1010.