15 Mar Divorce After Adoption | TKG
Divorce after adoption is not easy to navigate through alone. When you adopt a child, you, of course, want to make sure that you and your partner provide the best, most loving environment for them. However, sometimes even parents who have adopted have troubles. These issues can lead to divorce and child custody battles which are stressful for everyone involved
After an adoption has been finalized, a divorce does not affect the legal parental rights of the adoptive parents. The legal rights of the birth parents have been terminated and they no longer have decision-making abilities concerning the child. This means that the biological parents of an adopted child whose adopted parents are going through a divorce do not have the standing to contest, be involved in the divorce, nor get the child back.
However, if the biological parents gave consent to the adoption with the understanding that the child would be going into a two-parent home, but the adoptive parents were planning a divorce during the adoption process and did not disclose this to the biological parents, the biological parents have a basis to argue that their consent to the adoption was not informed.
Most of the time adopted children in a divorce will be treated the same way biological children are treated. The courts will decide issues of custody, support, and custody schedules in accordance with what they believe is in the best interests of the child.
For those parents that are considering adopting, you should know that adopted children are more likely to feel abandoned or at fault for the divorce, more than the biological children of the marriage. Adopted children already have a hard background and divorce can be even tougher and cause a great deal of stress.
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