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What happens if you divorce during the adoption process?

On Behalf of | Sep 24, 2021 | Divorce |

You and your spouse began looking into adoption years ago, and you’ve been waiting for your child. Adoption is often a long process, so it’s not surprising that things have changed while you’ve been waiting to adopt from outside of the country.

So many things can change in a year or two that it’s not unusual to find that couples have decided to separate or divorce despite starting the adoption process together. Some people feel that they would be better off adopting separately, and that’s usually fine. However, divorcing could derail your current adoption

Can an adoption go forward when a couple divorces?

Depending on the country you’re adopting from, it may be possible to divorce and still have one person adopt the child. You will need to look at the specific rules for the country because some won’t allow divorcees to adopt at all. In that case, you and your spouse may want to consider staying together through the adoption and then handling your divorce at a later date, or you may want to consider adopting from a different place completely. 

If you are planning to divorce and are going through an adoption agency, then tell them about you ending your marriage. Fraud or non-disclosure could lead to you losing the right to adopt through the agency, so it’s best to be honest. If one of you would still like to move forward with the adoption, you will need to make a case for it and show that you’re capable of meeting the child’s needs.

It’s a good idea to go over your legal rights before deciding which steps to take next. The way you approach this issue could influence if you can adopt or not through the current process.

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