Nevada Adoption Laws

Many people think the adoption process is private. But every state has laws that govern the adoption process. The process changes depending on the type of adoption you wish to complete. For example, an international adoption is more complicated than a private adoption. If you don't follow the procedures, you'll risk having the court deny your adoption petition. It will also cost time and money to start the process over again.

Here, we'll explain the adoption process in the State of Nevada and briefly describe the different types of adoption.

Types of Adoptions in Nevada

Nevada law allows many different types of adoptions. The type of adoption you choose will depend on your situation.

Most adoptive parents are interested in adopting infants or young children. But, under Nevada law, you can adopt a child of any age if you are at least 10 years older than the child.

Another common type of adoption is the stepparent adoption. This type of adoption usually happens when a parent remarries, and their new spouse wishes to adopt children who came into the marriage.

Aside from stepparent adoptions, the most common types of adoptions in Nevada include the following:

• International adoptions
• Interstate adoptions
• Independent adoptions

Most adoptive parents use a licensed child-placing agency to find a child available for adoption. Other times, foster parents apply to adopt children through their local foster care system. Regardless of how you go about finding a child to adopt, you'll likely rely on professional legal services to ensure the process goes smoothly.

What's the Difference Between an Open Adoption and a Closed Adoption?

In many states, birth parents and prospective adoptive parents must choose between open and closed adoption. With an open adoption, the two sets of parents (or the birth parents and the single adoptive parent) work together throughout the adoption process. They continue to communicate post-adoption with the biological parents, having the right to visit with or get updates on their biological children.

In a closed adoption, the two sets of parents never meet face to face. In these cases, the birth parents can review basic information about the potential adoptive home and prospective parents. There is no guarantee the adoptive family will get detailed information on the biological parents.

According to the Nevada Department of Health and Human Services Division of Child & Family Services, Nevada law recognizes four forms of adoption, including:

• Traditional adoption: This is like a closed adoption, with the two sets of parents having little to no contact with each other. The adoptee does not have the option of learning about their biological parents (without a court order), and the birth parents do not have communication with the adoptive family post-adoption.
• Semi-traditional adoption: With this type of adoption, the adoptive parents only receive non-identifying information about the child. The birth parents have a say in who they choose to adopt their children, but they do not have contact with them.
• Open adoption: We have described this type of adoption in detail above.
• Semi-open adoption: In this type of adoption, the birth parents have a choice in who adopts their biological children. There is usually a face-to-face meeting between the birth parents and prospective adoptive parents before the adoption takes place.

Many families work with adoption services to learn about available children to adopt and help them throughout the placement of a child. You can learn about adoption agencies through referrals from friends and family or seek legal advice from an experienced adoption attorney in Nevada.

What Is a State or Court Ward Adoption?

When the Nevada family court orders a termination of parental rights, it places the children under the care and supervision of the state. When this happens, the child becomes a "ward of the state." If the state places the child under the care and supervision of the state, they become what is known as a "court ward."

The Nevada Department of Health and Human Services (DHS) handles the adoptive placement of state and court wards.

Most state and court wards fall into the following groups:

• Minority children
• Older children
• Children with physical, emotional, or mental impairments
• Sibling groups of two or more children

Unfortunately, it can be challenging for child welfare services to find families willing to adopt a child with special needs. Many of these kids have been the victims of child abuse or neglect. This abuse may come at the hands of the child's parents or a foster family.

Adopting a child is permanent, so the state must be careful when determining eligibility. State agencies hire facilitators to help match children with potential adoptive parents.

How Much Does It Cost to Adopt A Child In Nevada?

Adoption costs and fees vary. Some private adoption agencies charge thousands to help you find a child to adopt. They often require a home assessment fee and the fees you'll pay throughout the adoption process.

At a minimum, you must pay the following fees for your adoption to be complete:

• Court filing fees
• Home study fee (if you want an expedited assessment)
• Fee for out-of-state adoptive parents ($3,000)
• Fingerprinting fees ($52 per applicant)
• Travel expenses (for interstate and international adoptions)
• Birth mother's expenses (for independent and private adoptions)
• Attorney fees

If you're adopting a child through DCFS, you must pay an extra fee of up to $11,000. The fees work on a sliding scale based on your household income. Families who make over $90,000 must pay the full $11,000. Applicants who make less than $20,000 must only pay the $500 minimum. All other applicants will fall somewhere between $500 and $11,000.

Remember that you may also have to pay more court fees if you file a motion to terminate the biological parent's rights. For example, if you remarry and your ex-spouse refuses to consent to adopt, you must file a motion asking the family court to grant an order of relinquishment.

You may also have to entertain this type of motion if the child's parents abandoned them, are in jail, or are otherwise unable or unwilling to give consent.

Be sure to speak with an adoption attorney or to ask the agencies you contact if they have any upfront fees. These agencies must follow all state and federal laws on adoption. If you aren't entirely comfortable with the agency you're working with, look for a different adoption agency. There is too much at risk to take your chances with an agency you aren't happy with.

You Must Complete a Home Study Before Adoption

Regardless of where you live in Nevada, from Las Vegas to Reno, you must complete a home study for the court to grant your adoption. Many families get intimidated by the idea of a home study. But, given that you're asking the courts to grant you permanent rights as the child's legal parents, it shouldn't be a surprise that they want to ensure you're qualified to adopt.

If you're working with an adoption agency, they will help you prepare for the home study. They'll also find a social worker who can complete the home study quickly so you can complete the adoption without delay.

Nevada law requires that you complete the home study within 90 days of your adoption petition. It typically takes 30-60 days for the social worker to complete their assessment and submit their final report to the judge.

The adoption home study involves the following steps:

• Application along with a description of your family and family life
• Personal references
• Criminal history check
• Child Abuse and Neglect Screen (CANS)
• Fingerprint screen
• Interview with the social worker and home visit
• Physical exams for all applicants
• Discussion about available children
• Review of family, community, and individual support resources

Once the home study is complete, the social worker will provide the judge with a copy of their final report. If the judge is satisfied with the social worker's findings, they will likely schedule a final hearing for your adoption.

Nevada Adoption Laws at a Glance

The table below summarizes the highlights of Nevada adoption laws. You can also explore FindLaw's Adoption section for more articles and resources.

Note: State laws are constantly changing. Contact a Nevada adoption attorney or conduct legal research to verify relevant state laws. Official state codes have links to relevant state statutes. Consider reviewing this resource as part of any research you may conduct to verify relevant state laws.

Need the Help of an Attorney?

The adoption process can be confusing. It involves a lot of paperwork, and if you don't complete the process correctly, the court will deny your petition to adopt, and you'll have to start over. It might be helpful to contact a qualified family law attorney near you.