Experienced Las Vegas Adoption Attorneys Ready To Serve You
Las Vegas Adoption Attorneys Assisting With All Family Law Matters
Working with Families in Henderson, Las Vegas, North Las Vegas, Overton, Moapa Valley, Mesquite, Laughlin and all of Clark County
The adoption of a child is usually one of the most satisfying events in a parent or child’s life. However, it can be very frustrating if not done properly. The Las Vegas adoption lawyers at Mills & Anderson have years of experience in handling all types of adoptions and can advise you specifically depending on the facts of your case. Below is some basic information to consider prior to your consultation.
There are specific laws that deal with the process of adoption, which can be broken down into three separate categories:
- Step-Parent Adoption
- Relative Adoption
- Adoption Involving Neither a Step-Parent nor Relative
If you are a parent and wish to have your child’s step-parent adopt your son or daughter, this can be done with or without the consent of the biological parent. The process is relatively quick if both biological parents consent. However, if the biological parent objects, his or her rights must be terminated prior to adoption. This necessity will extend the process by a minimum of two months.
The process of relative adoption can also be a quick or lengthy process, depending upon the circumstances. To be considered a relative, and therefore have much of the process waived, the court requires the adopting parties to be related to a certain number of degrees of consanguinity or relationship. Both biological parents will need to consent or their parental rights will need to be terminated, again increasing the length of the process from start to finish.
An adoption of a child by two parents with no relation is often a lengthy and expensive process. However, the greatest expense is not the adoption attorney. Prospective parents often need the services of an adoption agency to complete the statutory requirements that ensure that the home and parents are adequate and safe. Once that process is complete, the Las Vegas adoption attorney takes over and completes the adoption.
Although not common, it is legally possible to adopt an adult as well. In order to do this, both the adoptive parent and adoptee adult must expressly consent to the adoption. Additionally, the consent of the spouse of an adoptive parent and/or adoptee adult is required if either or both are married.
Frequently Asked Questions (FAQs)
What are the qualifications necessary to adopt a child in Clark County?
The following are the minimum (but not necessarily sufficient) qualifications:
- You must be a Clark County resident.
- You must complete a written application for adoption.
- You must be at least 21 years old and 10 years older than the child. However, a court may approve the adoption of a child without regard to the age of the child and the ages of the prospective adoptive parents under the following circumstances:
- The child is being adopted by a step-parent, sister, brother, aunt, uncle or first cousin and, if the prospective adoptive parent is married, also by the spouse of the prospective adoptive parent; and
- The court is satisfied that it is in the best interest of the child and in the interest of the public.
- If the child is over the age of 14 years, their consent is necessary for adoption.
- To adopt, the biological parents must either consent to the adoption in writing or must have their rights terminated by a court. In cases where the biological parent will not consent, you may need to File for Termination of Parental Rights first.
- Prospective adoptive parents must prove that it is in the best interest of the child to be adopted by showing that they are “fit and proper” people to take care of the child. To meet the requirement, the prospective adoptive parent(s) must do the following:
- Take part in a home study performed by a county or state agency which provides child welfare services, or by a private licensed child-placing agency. The home study includes, among other things, interviews of household members and home inspections.
- The home study may be waived by the court in cases where the prospective adoptive parent is related (or whose spouse is related) to the child within the 3rd degree of consanguinity. Examples would be siblings, grandparents, and aunts/uncles.
- Prospective adoptive parents must provide a complete set of their fingerprints to the agency handling the adoption of the minor child.
- Prospective adoptive parents must also provide written permission authorizing the submission of their fingerprints to the Federal Bureau of Investigation.
- Undergo Criminal history and Child Abuse/Neglect screenings.
Do I have to be married to adopt a child?
In Nevada, married couples or single adults may petition the court for adoption of a minor child. If the couple is married, both spouses must consent to the adoption.
Do I have to own my own home or earn a certain amount of income to adopt?
You don’t have to own your own home. However, a certain amount of income is required in order to show that you have sufficient income to cover your financial needs and can also provide support for the child. Let our trusted Las Vegas adoption lawyers help you answer all your questions.
Contact a Las Vegas Adoption Lawyer to Discuss Your Situation
We have completed many adoptions and consider them the highlight of our job. If you are interested in adopting a child or adult, contact us to make an appointment for a consultation with our highly experienced Las Vegas adoption attorneys.