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Continuing legal education on adoption law

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CONTINUING LEGAL EDUCATION ON
ADOPTION LAW

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INTRODUCTION
Welcoming a new child into a family is a joyous and exciting occasion. If individuals or couples,
choose to expand their families through adoption it also can be a lengthy and confusing process.
Before a state will allow an adoption, prospective parents must meet certain requirements. Below
is a brief overview explaining basic guidelines for who may adopt a child. Adoption is regulated
primarily at the state level, and laws tend to vary quite a bit from one state to the next. According
to North Carolina adoption laws, any minor or adult (consent needed at age 12 and older) may be
adopted by an adult over the age of 18. The state also requires at least 90 days of home residency
prior to finalization of the adoption. In general, any single adult or a married couple together is
eligible to adopt. A stepparent may also adopt the birth child of their spouse. Some states allow
married persons to adopt alone if they're legally separated from their spouse or if their spouse is
legally incompetent. In approximately 17 states and the District of Columbia, there are no
additional conditions specified. In approximately six states (Kentucky, Louisiana, Montana, New
Jersey, Tennessee, and Washington), a person must be at least 18 years old to adopt. Three states
(Colorado, Delaware, and Oklahoma) and American Samoa set the age at 21 and Georgia and
Idaho specify age 25. A few states allow minors to adopt under certain circumstances, such as
when the minor is the spouse of an adult adoptive parent or when the minor is the unmarried birth
parent of the child to be adopted. Other states have age restrictions that require an adoptive parent
to be older than the adopted person by a certain number of years. In approximately six states
(California, Georgia, Nevada, New Jersey, South Dakota, and Utah) and the Northern Mariana
Islands, the adopting parents must be at least 10 years older than the person to be adopted. In Puerto
Rico, the adopting parent must be at least 14 years older and in Idaho, the parent must be at least
15 years older. Approximately 17 states, Guam, the Northern Mariana Islands, Puerto Rico, and

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CONTINUING LEGAL EDUCATION ON ADOPTION LAW INTRODUCTION Welcoming a new child into a family is a joyous and exciting occasion. If individuals or couples, choose to expand their families through adoption it also can be a lengthy and confusing process. Before a state will allow an adoption, prospective parents must meet certain requirements. Below is a brief overview explaining basic guidelines for who may adopt a child. Adoption is regulated primarily at the state level, and laws tend to vary quite a bit from one state to the next. According to North Carolina adoption laws, any minor or adult (consent needed at age 12 and older) may be adopted by an adult over the age of 18. The state also requires at least 90 days of home residency prior to finalization of the adoption. In general, any single adult or a married couple together is eligible to adopt. A stepparent may also adopt the birth child of their spouse. Some states allow married persons to adopt alone if they're legally separated from their spouse or if their spouse is legally incompetent. In approximately 17 states and the District of Columbia, there are no additional conditions specified. In approximately six states (Kentucky, Louisiana, Montana, New Jersey, Tennessee, and Washington), a person must be at least 18 years old to adopt. Three states (Colorado, Delaware, and Oklahoma) and American Samoa set the age at 21 and Georgia and Idaho specify age 25. A few states allow minors to adopt under certain circumstances, ...
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