Adoption process - Research Paper Example

Adoption processes Introduction Adoption refers to a process in which an adult accepts the parenting responsibilities of a child. By doing this, the foster parents transfer all the parenting rights, filiations and responsibilities from the birth parents who may be either alive or dead depending on the prevailing circumstances in the unique situations (Leslie 51). The process is grueling and requires the completion of paper works which requires the evaluation of both the child’s and the foster parents background thus determining a common ground between the two parties. Additionally, the agreement requires the permission from the biological parents of the child who in this case must surrender all their parenting responsibilities and rights to the new parents. Adoption is a serious process that requires appropriate consideration of all the possible factors including the effects of the process on the child before inception as the essay below analyzes. The process differs from guardianship in that unlike in guardianship where one assumes the parenting rights and responsibilities for a period; in adoption, the transfer is permanent and irreversible. Guardianship occurs when a relation or a Good Samaritan offers to take care of a child for a specific duration before they either return the child to their biological parents or release them as adults into the society (Jarratt 211). This is not the case in an adoption process since the transfer is permanent and the adopted children have specific privileges that parents accord their biological children. Such rights and privileges include the right to love, affection and fair treatment from the parents. Additionally, the children share equal inheritance rights from the adopting parents. The government safeguards such rights in the constitution thus giving adopted children an advantage in case of a contravention of any of such rights. Adoption is a contemporary necessity resulting from lifestyle relativities. Parents have varying reasons for adopting children. Among the most common reasons given by adopting parents, include the failure of such couples to have children. Such parents may therefore make the decision to adopt a child from any parent within the society willing to relinquish their biological parental rights. Despite the process being an agreement between the two parties, the legislations safeguard the agreement by providing details that each party to ascribe to in order to maintain the subsequent conflict of interests that arise because of the complications of the process. In most cases, the government always denies certain parents their parenting rights in cases where the parents portray negligence. The state houses such children in homes and orphanages thus making the available for adoptions. Another fundamental reason that has contributed to the rise of adoption in the contemporary society is same sex marriages (Silverstein and Roszia 41). The rise of gay marriages has contributed to the increase of adoption cases since such parents cannot biologically bear children of their own. In retrospect, adoption is a personal decision that couples make on their own. In certain cases, the adopting parents always have children of their own but for reasons best known to them decide to adopt other children. The law therefore establishes the process and nature of adoption in order to protect the interests of each party involved in the adoption process. The adopted children must for example feel the parental love from their new parents and have their right and privileges protected. N case of a separation of the couples, the law explains whatever happens to the children owing to the fact that they are part of the family. The parents must provide for them despite their separations. There are two main types of adoption applicable in the modern societies. These include domestic and foreign adoptions. Domestic adoption refers to an adoption in which both the adopted child and the adopting parent are nationals of the same country. It constitutes the most common form of adoption. It is easier and more convenient to most couples owing to the ease of processing the papers owing to the similarity of the laws applying to both parties. In such a case, the interpretation of the laws is easier and the process happens faster. Among the evident advantages of domestic adoption, include the fact that the child does not suffer from cultural shocks when he or she moves to the new family since they both lived in the same society prior to the adoption. Additionally, the process is often simpler since the government can account to both parties thus monitoring the movements and activities of such. The implementation of subsequent legislations on their relations thus becomes easier a trend that safeguards the interests of all the parties involved in the process. Foreign adoption on the other hand refers to an adoption of a child from different countries. The process is costly owing to the logistic and legal issues involved in the process. In most cases, celebrities who have the financial abilities to settle the huge financial implications of the process and use such to market their interests overseas prefer the adoption process. The process begins with extensive travels in order to find the child who in most cases relate to the adopting parents owing to their activities in the foreign countries. They thereafter fill the official documents that govern the adoption of the child in their countries of birth before later registering in their home countries as citizens of the new countries. The process is hectic and more complicated but present several advantages over domestic adoption (Bharat 51). Unlike in domestic adoption in which the child may feel alienated by the society since the entire society witnesses the process, foreign adoption provides the children with the psychological security as they move into a new society in which no one knows about them. Additionally, the distance makes it difficult for the biological parents or any other interested party to stalk and investigate n the ware bouts of the children as interests may later begin conflicting thus complicating an adoption process. However, among the most conspicuous disadvantages of the process are the heavy financial implications and the possibility of conflicting laws governing adoption and the registration of people in the different countries. Additionally, the immense cultural difference exposes the children to suffer from extensive cultural shock, which may interfere with their development and settling into the new country. Whether domestic or foreign, the adoption process can assume two forms namely either open or closed. Open adoption is one in which the biological parents can access their children from their new parents. In an open adoption, the process is transparent and the two families interact often. The biological parents monitor and visit his or her child periodically. However, the law restrains their interaction and rights in such cases since they had surrendered their parenting responsibilities and right to the new family. An open adoption is more convenient in the contemporary society. A child reserves the right to obtain information on their background. An open adoption permits such since the children interacts with their other blood siblings and parents and therefore understands the arrangement from a tender age. Such contribute to the decision they make as adults pertaining their upbringing. In closed adoption, the biological parents do not interact with their children once they relinquish their parental rights. In such cases, the communication and link between the two families breaks with the completion of the transfer. The child thus moves into the new family and does not interact with his biological family again (Robinson 16). Closed adoption is convenient to most people since it eliminates the psychological trauma and security issues that the new parents have over their adopted children. In an open adoption, the child interacts with his or her biological family who may influence their decision concerning their relationship with both parties. Such causes the adopting parents uneasiness since during adoption, children do not make any decision but once they become adults, they reserve the rights to decide for themselves and may decide to leave the family and return to their biological family. Such possibilities result in stress and trauma to the adopting family. The nature of the contemporary society has contributed to the institution of reforms to adoption and the adoption process. Among the modern trends in an adoption process are open records. Most people felt that the mother should have a constant contact with their birth mothers. The contact is essential in making the children have a biological connection with their biological parents thus influencing their relationship with their adopting parents. Most countries therefore implement the open form of adoption, which stems out of the open records type of relationship. The open record form of adoption thus results from the need to maintain family preservations. Reunion is a fundamental development in adoption in the contemporary society. It refers to the process through which the adopted children reunite with their biological families. As discussed earlier, children do not make any decision on the adoption process. However, when they become adults, they become responsible and capable of making fundamental decision about their family status. The liberal nature of the contemporary society permits people to reunite with their families once they become adults. Modern adoption laws therefore safeguard the reunion demands of the adoptees in case they decide to reunite with their families once they become adults. In such case, the law demands that the adoptees access information about their biological parents and families from the agencies, which facilitated their adoption process. This demand overrules the secretive nature of closed adoption thus compelling the agencies to facilitate the process of tracking the biological parents of the adoptees before letting them make the decisions on their own. As stated earlier, adoption is a contemporary necessity and some countries safeguard adoption as a human right. This implies that anyone is capable of adopting another provided they are capable of taking care of them and meet the set legal requirements. However, the process requires effective supervision in order to prevent the several negative effects and trends of adoptions. Among the negative trends of adoption include child trafficking, several agencies have turned their operations into the illegal business of children trafficking thus exposing such children to myriad social ills such as sex slavery and drug trafficking. In such cases, the agencies do not maintained detailed information about the children and readily issue them to the organized cartels in other parts of the world. Such social vices demand that the adoption process is effectively supervised with appropriate legislations that monitor the activities of all the parties involved in the process. Such cases are rampant in on foreign adoptions in which some countries may have weaker adoption legislations thus necessitating the execution of social vices (Babb and Rita 32). In retrospect, adoption is a fundamental humanitarian practice that permits people to obtain children. In the United States and many other developed economies, the adoption process is detailed in order to ensure that an adopted child becomes a legitimate family member. As such, the children must enjoy equality in such families despite the nature of the developments in the families after adoption arrangements since in certain cases the parents later give birth. This way, such parents may begin mistreating the adopted children a trend that effective legislations must prevent. The detailed legislations in such countries safeguard the interests of all the parties involved in the adoption process. The interests of the children should always overrule those of the two parents. While they do not make the decisions, the government investigates the background of the new parents to determine that they are capable of protecting and providing for the children they adopt. Works cited Babb, Linda A., and Rita Laws. Adopting and Advocating for the Special Needs Child: A Guide forParents and Professionals. Westport, Conn.: Bergin & Garvey, 1997. Print. Bharat, Shalini. Child Adoption: Trends and Emerging Issues: A Study of Adoption Agencies. Bombay: Tata Institute of Social Sciences, 1993. Print. Jarratt, Claudia J. Adoption [i.e. Adopting] an Older Child. S.l: s.n, 1970. Print. Leslie, Doty. "Adoption Policy in the United States: A Word of Caution." Social Work 45.2 (2000): 183-6. ProQuest. Web. 1 July 2013. Robinson, Grace. Older Child Adoption. New York: Crossroad Publishing, 1997. Print. Silverstein, Deborah, and Roszia Kaplan. "Openness: A Critical Component of Special Needs Adoption." Child Welfare 78.5 (1999): 637-51. ProQuest. Web. 1 July 2013. Read More