Family Law, Adoption

[Rebecca5]

My husband was married to a woman who had legal custody of a little girl. She & her x (my husband now)had both natural parents to sign something that said they gave up rights to the daughter. My husband and his ex-wife never went through the adoption process while they were married. His ex-wife has not remarried. She now wants my husband and her, his ex-wife to adopt the child. I told her I did not think it was possible that the 2 of them could adopt a child together now that they are divorced. True or False? Also, if she were to start the adoption process on her own, would their be a background check on her just as they do in a normal adoption? The ex would lie if necessary to get this done. This is in the state of Virginia
Thank you for your advice.
Rebecca


[Edited by Rebecca5 on 12-14-2000 at 07:15 PM]

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

What state are you from?

Without knowing your state, this is all I could come up with:
http://www.calib.com/naic/

This is a section from that site, but the site has much more information:

Who Can Adopt?
Adoptive parents may be married or single, childless or already parenting other children. Having a disability does not automatically disqualify you from adopting a child; rather agencies will want to ensure that you can care for a child and meet his or her needs throughout his or her childhood. Divorce or a history of marital or personal counseling does not automatically eliminate you as a candidate. You are not required to own your own home or to have a high income in order to give children what they need--permanence, stability, a lifetime commitment, and a chance to be part of a family. Children do not need "perfect" parents--they need one or more caring and committed individuals willing to meet their needs and to incorporate them into a nurturing family environment.

Increasing numbers of agencies and some foreign countries are now placing children with single applicants. Follow-up research studies of successful single parent adoptions have shown single adoptive parents as mature, independent, and having a wide and supportive network of family and friends. In fact, single adoptive parents are often the placement of choice for children who have trouble dealing with two parents due to a history of abuse or neglect.

For many infant adoptions in the United States, however, agency criteria for applicants are more restrictive. Often agencies will only consider couples married at least 1 to 3 years, between the ages of 25 and 40, and with stable employment income. Some agencies accept applicants who are older than 40. Some agencies require that the couple have no other children and be unable to bear children. Some agencies require that one parent not work outside the home for at least 6 months after the adoption. Agencies placing infants will discuss their specific eligibility regulations and placement options with you.