When parents make the difficult decision to divorce, deciding how they will continue to parent their children and protect their well-being is always the primary concern. This is true for all parents, no matter whether they became parents through biology or adoption. While the way they became parents may vary, the rights and responsibilities of all legal parents to their children are the same. So, it is important for parents of adopted children to know and understand those rights and responsibilities to fulfill and protect them during the divorce process. This blog explores common questions and considerations for parents of adopted children navigating a divorce.
Table of Contents
- Common Questions Adoptive Parents May Have
- Does the Adoption Status of a Child Impact Parenting Decisions in a Divorce?
- Stepparent Adoption
- What Specific Financial Considerations Exist for Adopted Children?
- What Are the Best Strategies for Creating a Parenting Agreement that Prioritizes the Best Interests of Adopted Children?
- How Can Parents Address the Emotional and Psychological Needs of Adopted Children During a Divorce?
- Adopted Children Might need Additional Support in the Midst of Divorce
- What Resources are Available to Support Adoptive Families Through the Divorce Process?
Common Questions Adoptive Parents May Have
Does the Adoption Status of a Child Impact Parenting Decisions in a Divorce?
Divorce never ends a parent’s rights or responsibilities for a child for whom they are the legal parent, either biologically or through adoption. Adoption is permanent—it remains in effect even if the marriage is dissolved, and it endures beyond the marriage. Once the adoption is complete, a legal parent has the exact same rights and responsibilities as a biological parent both during and after the divorce process. Divorce does not negate or reduce a legal parent’s rights or obligations to their children.
When a child is legally adopted by one or both parents, the adoptive parent gains the same rights and responsibilities as if the child were their biological child. In cases where two individuals who are not the biological parents adopt a child, they take on the rights and responsibilities of the biological parents.
If one or both biological parents are alive during the adoption proceedings, their parental rights must be terminated. This termination can occur either through court order or by the parents’ consent for the adoption to proceed. This process transfers the biological parent’s rights to the adoptive parent.
Stepparent Adoption
In a stepparent adoption, where a stepparent is married to the biological parent and seeks to be named the legal parent of the child, the stepparent aims to replace a biological parent who is either deceased, uninvolved, or unfit. This makes the stepparent a legal parent on equal footing with the biological parent. So, it is important to understand that if the biological parent and adoptive stepparent elect to divorce in the future, both individuals will have the same rights and responsibilities to the child and legal co-parents.
Being the biological parent does not grant one parent superior rights in that situation. In the eyes of the law, both parents have equal standing. This means that both are tasked with the same responsibilities and granted the same rights to parent the child during and after the divorce.
What Specific Financial Considerations Exist for Adopted Children?
The financial considerations, and obligations, for an adopted child are the same as those for a child born to their legal parents. An adoptive child has the same right to child support and other forms of financial support, as well as the same right to inherit from their legal parent. The law treats an adoptive child the same as a biological child when it comes to financial obligations and benefits.
What Are the Best Strategies for Creating a Parenting Agreement that Prioritizes the Best Interests of Adopted Children?
A parenting agreement for an adopted child would be the same for any child born to the parties who are seeking a divorce. Both parents would have the same legal rights and responsibilities for the child. This means both parents have the same rights to parenting time and decision-making for the child, and both have the same obligation to financially and emotionally support the child. This is true whether one or both parents have adopted the child.
The parental rights and responsibilities of adoptive parents are exactly the same as those of biological parents. In adoptions involving a biological parent and a stepparent, the biological parent doesn’t hold superior rights simply because they gave birth to the child. The adoption process grants both parents legal status, giving them equal rights to the child and the same obligation to provide support until the child reaches adulthood.
How Can Parents Address the Emotional and Psychological Needs of Adopted Children During a Divorce?
The needs of adopted children during the divorce process in Illinois are generally akin to the needs of a child whose biological parents are divorcing. Those children need emotional and financial support from both parties, as well as encouragement to maintain a strong relationship with both parents whenever possible. They need reassurance that both parents love and care for them and will be present and active in their lives both during and after the divorce. They need parents who can work to put the needs of their children above their own in order to co-parent amicably, rather than put the child into the middle of the parents’ conflict. In general, it is helpful for children going through a divorce to participate in therapy with an experienced counselor who can help them navigate the feelings they experience as their family separates.
Adopted Children Might need Additional Support in the Midst of Divorce
Adopted children might need additional support to navigate fears or concerns that divorce could change their relationship with their legal parent or parents. Divorce can evoke past abandonment feelings, particularly if the child was adopted due to absent biological parents.
Children adopted by a stepparent may need reassurance that the divorce won’t affect their relationship with their legal parent.
The child may need professional assistance to help the biological parent understand that both parents have equal rights and responsibilities. It’s important for the biological parent to respect the adoptive parent’s role and avoid asserting superior rights. They must treat the adoptive parent with the same respect they would show any other parent. The biological parent should not undermine the adoptive parent’s authority during the divorce process.
What Resources are Available to Support Adoptive Families Through the Divorce Process?
We encourage both adults and children going through a divorce to seek individual and family therapy. Therapy offers emotional support and helps manage the difficult experiences that arise during the process. It can also prepare families for what to expect during the dissolution.
For families with adopted children, community or online support groups can assist with adoption-specific concerns. Therapists who specialize in adoption can help address feelings like abandonment. They can also assist in navigating tensions between biological and adoptive parents, reinforcing their rights and responsibilities as legal parents.
If you are navigating divorce involving adopted children or if you are considering child adoption, Anderson Boback & Marshall can provide the legal support and guidance you need. Contact us today to schedule a consultation and ensure the best outcomes for your family.
