Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Child Adoption

What would happen if a prospective adoptive parent didn't show up for court....?
Find answers to your legal question.

What would happen if a prospective adoptive parent didn't show up for court....?

I'm curious if any adoptive parents or anyone who knows about the legal court hearings in adoption could fill me in on what would happen if an every day joe smoe PAP didn't show up for the ruling on if they could "adopt" a child they've been planning on adopting, or not ?

Would this normally be grounds for a denial to adopt? Can anyone give me any examples of why a judge would refuse an adoption?

In case anyone is wondering, i think its outrageous that Madonna didn't show up to her foster child's third adoption hearing to find out if she can legally adopt him or not.

From MY point of view, (if I were a judge) not having a PAP show up for the court ruling (3 times)would give me grounds to reconsider their dedication to the child. The ruling should be serious. She should be there. LOW.


Unless the PAP had some very good reason (coma, death, etc) then they should defiantly be there if it was required.

I think if she really wanted him, she would have been there. Moved heaven and earth to be there.

Jennifer L
Madonna's adoption makes me want to scream, as a parent of a child adopted from overseas. The sheer arrogance of her going to court to get the existing adoption process changed JUST FOR HER and now being "too busy" to see the process through is galling.

You just don't do that. You don't walk into a foreign country and throw enough money at them so that they bend the rules for you. If someone chooses to adopt overseas, understanding and respecting the laws in the foreign country is paramount.

As to what the courts will do, I don't know. If they dissolve the adoption, there goes the money she's pouring into their country. If they don't dissolve the adoption, now the door is open for everyone to just walk in, adopt a child, and walk out. The court becomes a paper tiger.

I was worried from the beginning about the precedent that she was setting. But that probably didn't concern her in the slightest.

I generally feel that the phrase "adoptive parent entitlement" gets tossed around too much on this forum, but I completely agree on it being applied here. Maybe it's more "International Superstar Entitlement" than "adoptive parent entitlement", but the 'entitlement' part works, regardless.

So can we finally say she's British now (with all apologies to Brits out there) so that Americans can disown her?

Shelbi =)
I just wanted to let some of the people know that David's father had no choice but to put him in an orphanage. His mother died and his dad couldn't provide for him. It raises an eyebrow that she didn't show up THREE times, but then again look at her career! Shes a super star. Although I do think Madonna has shown good parenting skills in the past (with her daughter), I think that she should have tried harder to get to court that day. Hopefully everything works out with her and David.

OF course the SHOULD be there but it's not always required. the attorney can finalized it on their behalf. I do think however when a petition is enteres and there is the first heiring, the paps are required to show. Our magistrate wanted to ask un question, and my sons parents were also required to be the to answer questions too.

I don't know why anyone woldn't want to go, unless it's just not that important to them.

Well it is quite different here. The Children's Aid Society places the child on "adoption probation". Then we have monthly visits for about six months and the social worker writes a report. It then goes to the courts. We do not show up to court, we get a letter in the mail one day stating the children are legally ours.

The only person who could really stop the adoption is the social worker if she thought something was amiss. The judge has already terminated all parental rights BEFORE we have even been involved in meeting the children.

I would have loved hte opportunity to go to court, it would feel symbolic. But for sure if we were required to go to court we would have, and not showing up, barring any medical emergencies is NOT a good sign.

Unbelievable! I have been upset about Madonna's adoption of this little boy since the media first reported her intentions. David's father is still living and, though I'm not sure of the details, it sounded like he wasn't sure about allowing the adoption in the first place. I feel bad for this boy's father AND for the boy. I wish I could read the article but the link you provided must have expired or something. I will look it up elsewhere...I'm sure I can find it. Interesting question. If I was the judge, Madonna would have to just settle for her two bio kids. David would get to go home to his FATHER.

I can't read the story for some reason the link has failed...

I can say a few things about this subject we were placed pre-adoptive and not foster to adopt because we didn't want any involvment in the termination of the parental rights of any children we adopted. We believe Foster Care is about reunification and that we would adopt children who were not going to be reunified--and who were not going to be adopted by their foster parents.... We didn't want to adopt "Wanted" children.

We were "classified" as Foster parents during the time the children were placed and until the adoptions were final. And there were two foster care hearings we did not attend.

In the US Foster care system by the time a family is placed as "Pre Adopt" judges have already made placement decisions--or placement steps have been made to rule and adoptive parent OUT long before the case is moved to an Adoption Judge.

In our case, there was ONE issue that may have caused the adoption to not be approved--but, it had nothing to do with us. It had to do with the fact their mother said she was Native American which triggered the state to check and Rule it out. This added 6 months to our time to finalize.

The foster hearing courts are not the same courts that "Approve" an adoption... In fact, the reality is that most adoption can be finalized without the adoptive parents or children even appearing in court... However, most adoptive parents want the court ceremony that is Offered when the courts approve an Adoption Petition.

An adoption petition is the legal paperwork that has generally taken a long time to put together. There is supposed to be a number of checks and balances... to be sure everything is done correctly.

In order to have the Adoption Petition even submitted to the court all the "approval" of the parents is way past done... In order to even submit the petition for adoption all the requirements have to have been met. Adoptive parents submitting an Adoption Petition have generally passed all the approval issues--and the Adoption is the final step usually seen as a special ceremony if the family wants to attend.

Foster Care hearings are all about the State--or government and being held accountable for their process. Did they meet the requirements under the law as far as the Child is concerned. These hearings are also about Reunification plans, services that have been offered to the parents, relative searches and their outcomes, the CASA reports, Where the state is in the caseplan... and if the state has found an Approved Adoptive placement.

The adoptive parents don't have much to add to the Foster hearings if they are even asked at all. We didn't attend in person (350 miles away) however we did listen by telephone and frankly there wasn't a lot to it... The caseworkers presented the status of the caseplan and the status of supervision of the children... Made sure they were getting their needs met as defined by the state--in our case that we send our daughter to pre-school and get a doctor and dentist...

Otherwise the Foster hearing didn't have anything to do with us. The steps to take in order to File the Adoption Petition were the places we could have been rejected and unless something big happened by the time the adoption petition is drawn up it is pretty much the same as a court house wedding... as long as the right papers are in order and everything is done according to law it shouldn't even make it to adoption finalization court if it isn't going to work out.

We didn't show up for Foster Hearings... as we were not foster to adopt. We were "Pre-Adoption" Placement which meant we did Not do the work of foster parents--we adopted the children we were placed with knowing (believing) the state had done the foster caseplan ethically and that the children we adopted were not wanted by relatives or a foster family that had them. I never really felt any reason to be all up in the Foster Plan.

We chose to not do foster to adopt because we did not want to be a party to the termination of parental rights. We did not want to have a conflict of interest.... we believe foster care is about reunification and we wanted to adopt children who would not be reunified... we didn't want to be involved in the obligation of Foster Parenting--when we really wanted to adopt.

Maybe in the future I will become a foster parent and attend all the foster parent hearings--because I am not motivated to adopt a child... but to help reunify a family. When I decide to do that work I will be at all the foster care hearings and make sure the children I care for and their parents have every chance the law allows to be reunified....

MamaKate is an Aunt!
I saw this too!! It makes me want to cry for little David. (I really do question the practice of international adoption anyway.)

How can could anyone think he is a priority to her? She asked for not one, not two, but THREE postponements for this hearing and THEN can't fit showing up to make her commmitment to the child in person into her busy schedule! Will she have time to spend with HIM? (One article I read said she barely has time to attend her Kaballah services with her family!) If I were the parent of a child who's PAP didn't show for court on that day of ALL days - I would challenge it right there!!!

Several the judges I have worked with would have denied the adoption because she has not demonstrated commitment to eith the child or her agreement to the father. Not to mention I live in the south and she would be reemed for being RUDE and wasting the court's time and energy! (We don't take kindly to disrespect 'round here! 'Specially when it come to kids!)

One really has to question her motives here! In five years in the Family Court, I have never seen a PAP miss a finalization hearing! All the parents I know presonally who have built their families families through adoption also took the day off to make their family "official".

Shame on her. From start to finish with this adoption; she has shown her selfishness - her illusion of altruism and humanitarianism is delusional.

And another thing : Don't you find it odd, I don't remember Lourdes being paraded for the camera like this poor child and yet everytime I turn on my computer or tv, there she is tucking him under her arm like a Versace clutch.

I hope little David will be ok... :(

But celebrities can do whatever they want - can't they??

You're so right Gersh - it's disgusting.
She thinks she's above the law - and can do whatever the hell she wants.
Sadly - she'll probably get away with this botched adoption also.
I feel great pain for this wee adoptee.
I bet he's told often that he should be super grateful.

The only hearing for my daughter was to finalize the adoption. I was worried it might get postponed due to some paperwork glitch or something... But it was very laid back. The judge was just immediately congratulating us. So I think if we had not showed it wouldn't have been a big deal, and we would have to reschedule (although I can't imagine doing that). However if we missed the second time I think it would raise some questions, and by the third time I would imagine they would want a full report from our social worker.

It depends on each case because in some cases the PAP aren't always required to attend as some matters can just be handled by the courts. I know in the cases of most adoptions the judge makes his decision and then the lawyers are told the decision and the lawyers notify the Adoptive parents. Now if the courts required the PAP to be there and they didn't show up and it wasn't for a good reason (such as being in the hospital or something) then they could deny or atleast postpone the decision. Denials are giving if the PAP are found to be unfit, if the birth parents come forward wanting to stop the adoption, if one of the PAP dies it can be denied if the agency doesn't allow single parent adoptions......they have reasons but not showing up to court wouldn't always be a reason because like I said in most cases the actual decision isn't even given while the PAP are in court.

Legal Discussion Forum

 Why have you decided not to foster or adopt a waiitn child?
This question is for everyone out there. I am serous tonight, and motivated by LT.

Why, when we know the need, are people not fostering. Why have you made the decision not to foster? D...

 Should cps keep children in foster care if the child rather live with it's parents?
If a child said to a case worker they rather live with their parents and have check ins at home rather than live with strangers should cps be forced to do what the child wants? What if the reason the ...

 IS it possible to give up a 13 years up for adoption?
my aunt is like getting sick from cancer..
and her daughter is acting up..
so nobody would take her..
is it possible to give her up for adaption she lives in maryland ....

 Adoptees: Did you spend any time in foster care?
I was placed in foster care as an infant directly from the hospital.
I spent three months there even though I was designated for adoption. Anyone else?...

 how to place my unborn child up for adoption without going through an agency?
I am a twenty year old female who lives in colorado. I am due in July and i would like to give my unborn daughter up for adoption to a girl i was raised with as cousin, though we are not legally ...

 i want to adopt but it cost to much is there a low income adoption program?
i been searching through all kinds of adoption websites but they all seem to be way to expensive
is there a program thats affordable?...

 In an open adoption how many times should the birth mother be able to see her son and until what age?
Please tell how much she should see him the first few years and then as he become a teenager....

 birthmothers/adopted mothers?
i have found over the years that most people have a very negative outlook on birthmothers, i mean the ones that planned and willingly gave up their children, not the ones that abused and lost them. <...

 Why did Moses kill most of his adoptive family?
Not big into the bible but found it interesting after someone posted it on here....

 Why would a foster mom need a breast feeding pillow?
I am researching what items will be needed to foster and I found it odd that breast feeding pillow was listed.


 I've decided to adopt a baby. which color should I get?

 Why won't families adopt two babies?
I am a teenage mother and wanting to give my son a new home. The story is too long to share again. But I would tell you if you want to know more. My son is almost 4 months old, and I found out that I&...

 Does an adopted child have the right to view their original birth certificate?
Okay, so, I was adopted when I was 4 years old. I am now 19 years old and was wondering if it would be possible for me to view my original birth certificate. I reside in the state of North Carolina, ...

 Please help I don't know what to do!?
Okay so I'm Courtney I'm 15 and I live in Texas. My boyfriend has a 1 year old baby, Hailee. I'm 15 and he is 19. The mother is not in Hailee's or his life. She has been back and ...

 Why is it so expensive to adopt a child?
I am looking into being a foster parent so this doesn't really effect me but, I don't understand why it costs 10's of thousands of dollars to take a child in (not through foster care). ...

 Why is it so hard for some people to understand, kids can love more than one set of parents?
I saw an answer that states there is only room for one set of parents. Since so many people these days have step parents, based on the belief that there is only room for one set of parents, where do ...

 Father's name on birth certificate question?
I was wondering if it is decided that my daughter does not put the father's name on the birth certificate when her daughter is born does she more or less forgoe child support from him. I would ...

 Help with adoption when alleged father is not so willing?
My niece is pregnant and wants me to adopt her baby as she can not care for her. The alleged father is not so willing to do this. He wants to stop the procedures. Any information or knowledge ...

 how to secure my childs place if i die?
after i die i want my child to go to his aunt who is my stepsister. do not want him to be taken in to custody by his father who has no contact with him and my mother who is no good for him mentally. ...

 Would you hate your adoptive parents if they never told you you were adopted?

Copyright (c) 2009-2013 Wiki Law 3k Thursday, February 11, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links