woman with her adopted child smiling mom

What Happens to an Adopted Child During Divorce?

What Will Happen to My Adopted Child Once I’m Divorced?

There are many reasons why a couple may choose to divorce, but when they do, one of the hardest choices is deciding what will happen to their child. For families that have brought a child into their family through adoption, this process can seem even more difficult.

If you and your spouse are considering divorce, keep reading to learn what to expect during your divorce process.

Minnesota Adoption and Custody Agreement Guidelines

Depending on where you are in your adoption process, one spouse could continue the adoption process on their own. This would mean that the ex-spouse that does not continue with adoption proceedings will not gain any parental rights for the child — including visitation and custody rights. They also will not be subject to child support payments under Minnesota law.

Additionally, choosing to divorce before your adoption is complete may raise concerns in the eyes of the adoption agency, including how a change in the child’s new home life may affect them.

How Adoption Types Could Impact the Court’s Decision

Couples that choose to adopt a child and bring them into their family make an important decision. Just as there are many reasons why a couple may adopt, there are also many different reasons why a child may be put up for adoption, as well as complexities within the adoption itself that could impact your divorce.

Some factors that could affect the outcome of your divorce and custody rights include:

  • Adoption by the wishes of both biological parents: If the birth parents of the child made a request for their child to be adopted by a married couple, your adoption could be halted.
  • Step-parent adoptions: If you’re a birth parent and your soon to be ex-spouse wishes to adopt your child, the adoption could be halted.
  • International adoptions: Depending on the country your child originated from, your adoption could be halted if the country has regulations about adopting a child to a married couple.

Receive Divorce and Adoption Advice from Johnson / Turner Legal

At Johnson / Turner Legal, we know that being a great parent doesn't require being a biological parent. Some of the greatest moms and dads aren't biological parents at all. We'll help you find peace of mind and shape your family through the adoption process.

To arrange a consultation with our firm, contact us online or via phone at (651) 371-9117

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