What are the adoption requirements for siblings?
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What are the adoption requirements for siblings?
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what are the adoption requirements for siblings? how old do u have to be to adopt a younger sibling? just any information on sibling adoption.
for example a 14 year old is living with their grandmother. the older brother is 18 turning19 within a month and would like to adopt the 14 year old. how do they go about doing that. what are the requirements for this to happen. the teen is not living with the father because of abuse. but the father gets visitation rights. mother is alive but not present in the teens life. Additional Details wat is the difference of guradianship and adoption?
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MamaKate
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Dear Music,
Just a thought, but why adoption and not guardianship instead?
If the person who has legal custody of the minor (Grandma?) agrees to the placement, guardianship would probably be the best bet, especially since the 14 year old will be a legal adult in 4 years. It is much more simple and less expensive to complete than an adoption and would allow the minor to retain their original legal/family status and legal visitations and allow the brother to collect child support from the father. It would be a lot less stressful for the brother and would not make him the "father" in the eyes of the law. (It seems a little awkward to me when siblings become each other's "parents"...)
http://www.guardianship.org/
http://www.cwla.org/advocacy/2006legagenda09.htm
http://www.childwelfare.gov/permanency/guardianship.cfm
ETA:
Adoption is when the adoptee legally becomes the child of the adopter. "As if born to".
Guardianship is when a person is legally "in the care of" another person.
They are very similar to one another in most respects, but there are some pretty major differences. Here is a quick comparison:
Adoption:
*Generally more expensive, anywhere from a few hundred (foster care adoption) to several thousand (as much as $10,000-$40,000 for domestic infant/private/international adoptions)
*Permanently changes/transfers the legal familial status of the adoptee from the biological family to the adoptive family (renders the adoptee and his or her biological family "legal strangers") by terminating the biological parents rights. (Consequently also terminating the adoptee's rights to their biological family.)
*Alters the original birth certificate (and in most places in the US the original certificate is permanently sealed and a new one is issued listing the adoptive parents as the parents)
*Assumes that the complete and total care of the adoptee (if a minor or incompetent adult) will be the sole responsibility of the adoptive parents. (Of course adoptive families can apply for assistance if it is necessary, such as grants, donations or subsidies for disabled/special needs children but it is expected that the adoptive family alone will be responsible for obtaining any necessary support.)
*Requires lots of paperwork, background checks, homestudies, Court hearings etc.
*Handled via the Department of Social Services/Agencies/Juvenile/Family Court
*Only a person 18+ can file for an adoption.
Guardianship:
*Generally costs between $200 to $800 to complete - sometimes less - for court and filing costs
*Can be temporary or permanent but is still legally binding (can also be legal or physical or both)
*Leaves the ward's heritage, inheritance rights and personal public records in tact
*Allows the guardian to receive/collect support from the ward's biological parents as well as any national or state support available. Guardians are not expected to be soley responsible for the financial aspects of care.
*Usually handled privately (The paperwork can be found and downloaded from your local probate court website.) and filed through probate court (some states may require a homestudy or visit from DSS to approve)
*A person of 12 or older can make a request for a guardian to Juvenile Court if one is needed and a private arrangement is not available and hearing will be provided to determine necessity and seek a guardian if it is determined that one is required.
The links I provided above include information, resources, procedure and links to support organizations, state laws and necessary paperwork for guardianship. |
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mom of many
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he would have to go with guardianship as you must be 10-20 years older than the person you are adopting. Guardianship is as close to adoption as you can get and its not uncommon for siblings to have guardianship. |
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