According to adoption rights advocate, Sharla Kostelyk, indications are that adoptions processes are so stressful on marriages that they can lead to divorce. Kostelyk has gone through the adoption process five times and is the proud parent of five special-needs children. Factors that are marriage stressors during adoption include financial issues, conflicts between spouses about how or if to adopt as well as the entire issue of the public scrutiny that comes with adoption, including the social worker’s home visitation.

Here at the Tampa divorce lawyer offices of Quinn & Lynch P.A., we field questions from prospective parents who are working their way through the adoption process but have decided to divorce. They want to know how divorce will affect adoption. The answer is that it depends upon the type of adoption that will occur if you and your spouse divorce.

Stepparent Adoption

In the case of a stepparent adoption, the court will usually stop the adoption process in the event of the divorce of the birth parent of the child and the stepparent. There are no states that allow stepparent adoptions to proceed when the stepparent and birth parent are divorcing or have divorced.

International Adoption

Whether an international adoption can go forward when the prospective parents are about to divorce will be entirely based upon the laws of the country of the child’s birth. Many countries will end the adoption process. Some countries will not even allow previously divorced people to adopt children, even if they are re-married.

Adoption Through an Agency or Contractual Adoption

Legal Zoom explains that the birth parents may no longer support the adoption if their child will not be going to a home with two parents. Legal Zoom also warns prospective adoptive parents to disclose their impending divorce because the entire adoption process can be overturned if there was fraud or non-disclosure on the part of the couple trying to adopt.

Also, adoption agency rules may be more stringent than those in the case of adopting foster children. Nolo suggests that the spouse that would like to continue with the adoption needs to make a very good case why it is in the child’s best interest to still be adopted a single parent.

Obviously, when you make the revelation of your impending divorce, it will naturally cause a delay in the adoption process, as the stakeholders are faced with further decisions about what is truly best for the child.

Adoption of Foster Children

In the case of foster children, the state is or will be severing the birth parents’ rights, so birth parents cannot oppose the adoption. The judge will have to make a determination if the adoption will still be in the child’s best interests.

Federal Adoption Assistance

In the event that prospective parents who were on the verge of adopting a child were to divorce, Legal Zoom explains that there may be an issue with Title IV-E Adoption Assistance funds. These are funds that are provided to adoptive parents and are supposed to go for the benefit of the child. One issue in the event of a divorce of adoptive parents is how this federal assistance is allocated and how that would affect any child support.

At the Tampa divorce lawyer offices of Quinn & Lynch P.A., we are here to support you through the difficult questions you face in your divorce. Call us and let us help you navigate this stressful time. We can help present a case for adoption and a new adoption plan to a judge or adoption agency