{"id":351601,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/adoption\/where-are-adoption-cases-heard.html"},"modified":"2023-06-26T10:43:50","modified_gmt":"2023-06-26T15:43:50","slug":"where-are-adoption-cases-heard","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/adoption\/where-are-adoption-cases-heard.html","title":{"rendered":"Where Are Adoption Cases Heard?"},"content":{"rendered":"\n
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Where Are Adoption Cases Heard?<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Adoption is a legal process and family courts or probate courts hear adoption cases. An adoption is not final until the court issues a court order approving the adoption.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Jurisdiction, domicile, and venue are matters of civil procedure. The civil procedure determines the authority through which a court conducts civil matters. Jurisdiction refers to the power to make certain legal decisions. Domicile is where a person lives. Venue refers to the court’s location. These three elements help determine the proper court to hear an adoption case.
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They can make appropriate referrals to outside agencies when necessary. This can include referrals for a guardian ad litem<\/i> or for mental health evaluations.<\/p>\r\n

This article will explore the adoption process and the proper courts to start an adoption case.<\/p>\r\n

Understanding the Adoption Process<\/h2>\r\n

Since adoptions are a legal process, a court must approve all adoptions. Prospective adoptive parents can choose between an independent or a public agency adoption. They can use any licensed agency that specializes in the placement of children.<\/p>\r\n

Before the parties file a petition, the prospective adoptive parents undergo a vetting process. This often includes an orientation and home study. During the home study, a social worker or the local Department of Human Services representative gathers information. Home studies are not necessary for most stepparent adoptions.<\/p>\r\n

After completing the home study, the adoption professional submits a report to the agency. Then the prospective parents can look for a child to adopt and start adoption proceedings. The filing of the petition occurs after they find a child or after the child’s birth.<\/p>\r\n

The birth parents must relinquish their parental rights as part of the process. In cases where one biological parent abandoned the child, the court can appoint a guardian ad litem<\/i>. The guardian ad litem <\/i>investigates the abandonment to determine if the parent intentionally abandoned the child. If the facts support abandonment, the guardian can recommend consent to the adoption. In many stepparent adoptions, children 10 years of age and older must consent to the adoption.<\/p>\r\n

Finalization is the last step of the adoption process. This means the court approved the adoption. The adoptive parents are officially the legal parents of the child. They have physical and legal custody of the child. They can also get a new birth certificate for their child. The birth certificate will name the adoptive parents as the legal parents of the adoptee.<\/p>\r\n

Family Court<\/h2>\r\n

Family courts are best suited for adoption proceedings for a few reasons. These reasons include the following:<\/p>\r\n