What are the requirements when adopting your own nephew?

Question

I know someone who plans on adopting his nephew because his father physically abuses him. What are the requirements needed?

Answer 1

i advise you to go to a lawyer and give you step by step procedure..

Answer 2

I sent your question to a friend of mine who adopted her nephew - I think his mother was having trouble caring for him.  I am sure she will be able to answer some of your questions - but you don't say what state you live in.

Answer 3

same as any other adoption! (consent required)

Answer 4

First of all, the parents of the child have to give up parental rights or be shown to be unfit and have the rights revoked.  It is hard to do though.  He needs to talk to the department of family services, social services, and family advocates to find out EXACLY what needs to be done according to his state.  The most important thing to do is get the child out of the situation.  Since the Uncle is willing to take the child in, when they remove the child from the home, he can go to the Uncles home instead of a foster home.

Answer 5

The first thing that has to be done is parental rights terminated on both parents.  If it is an agreeable adoption then papers can be drawn from the biological father granting first custody then adoption over to the other person.  

A Home study will have to be done.  This is where someone comes into your home and interviews you and if the child is already living with that person then they will note on how they interact with one another.

A physical will have to be done on the adoptive parents showing that there are no immediate health problems and so forth.

After all fees have been paid and t's crossed and i's dotted then the real fun begins.  The waiting on the court appearance before a judge (usually done in their office) so that they grant the adoption official.

Good Luck!

Answer 6

well although i do not know all the steps...first of all is the dad giving the boy up to the friend or is this contested. i would suspect that they will need a lawyer who specialized in these types of cases. also where is the mother, the mother will get first choice to have her child. if this is contested she would probably want to call cps. or maybe file a court order with the courts to grant custody. an ordrer to show cause and temproary custody would be granted if she has enough proof, that it is a bad situation. if the child is already living with the aunt then i would assume that she would still need to go to court to get gaurdianshp/custody.

Answer 7

It depends on whether or not the state is involved with the adoption.  You mentioned that the father abuses the child.  If the state has intervened and placed the child in foster care or kinship care, you will need to follow their rules & regulations for the adoption process.  However, if the state is not involved, it could become somewhat difficult to adopt the nephew - because the biological parents must terminate their parental rights and it sounds as though the abusive father may not do that and put up a fight.  

Either way, good luck to you.