Adoption Contract: Definition, Terms, Example
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What is an Adoption Contract?
An adoption contract is a legal agreement between an adoption entity and an adopter that sets the terms and conditions of an adoption. The contract states who the parties are, when the adoption should take place, and what documentation is required to complete the adoption successfully. Most commonly used for the adoption of a child or animal, this contract sets forth the terms and conditions that must be strictly followed in order for an adoption to take place.
If the adoption contract is regarding a minor child, certain roles and responsibilites are undertaken by the adoptive parents, which are also included in the contract language.
What's Included in an Adoption Contract?
A typical Adoption Contract should include the following elements:
- Identification of the Parties: The agreement should clearly identify the birth parent(s) and the adoptive parent(s), including their full names, addresses, and other relevant information.
- Description of the Child: The agreement should clearly describe the child being adopted, including the child's name, age, and any other relevant information.
- Transfer of Custody: The agreement should specify the transfer of custody from the birth parent(s) to the adoptive parent(s), and the process for obtaining a court order to finalize the adoption.
- Financial Arrangements: The agreement should specify any financial arrangements between the birth parent(s) and the adoptive parent(s), including the payment of expenses, such as legal fees, medical expenses, and any other expenses related to the adoption.
- Contact and Communication: The agreement should specify the terms and conditions for contact and communication between the birth parent(s) and the child after the adoption, including any restrictions on contact, such as the frequency and nature of contact, and any conditions for the exchange of information.
- Representations and Warranties: The agreement should include representations and warranties by both the birth parent(s) and the adoptive parent(s) regarding the adoption, including any promises or obligations related to the adoption.
- Governing Law: The agreement should specify the governing law that will be used to interpret and enforce the terms of the agreement.
- Signatures: The agreement should be signed by both the birth parent(s) and the adoptive parent(s) to indicate their agreement to the terms and conditions outlined in the document.
It is important to note that the specific provisions of an Adoption Contract will vary depending on the jurisdiction and the specific needs and circumstances of the parties involved. Adoptions are highly regulated, and it is always recommended to seek the advice of a qualified attorney to ensure that the agreement meets the legal requirements and protects the interests of all parties involved.
Adoption Contract Sample
ADOPTION CONTRACT
THIS AGREEMENT made on [DATE], between [BIRTH PARENT(S) NAME], with a mailing address of [BIRTH PARENT(S) ADDRESS] (hereinafter referred to as "Birth Parent(s)"), and [ADOPTIVE PARENT(S) NAME], with a mailing address of [ADOPTIVE PARENT(S) ADDRESS] (hereinafter referred to as "Adoptive Parent(s)").
WITNESSETH:
WHEREAS, Birth Parent(s) are the parent(s) of [CHILD NAME], [CHILD AGE] years old; and
WHEREAS, Adoptive Parent(s) desire to adopt [CHILD NAME];
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
- Identification of the Parties. Birth Parent(s) and Adoptive Parent(s) are identified as the parties to this Agreement.
- Description of the Child. [CHILD NAME], [CHILD AGE] years old, is identified as the child to this Agreement.
- Transfer of Custody. Birth Parent(s) shall transfer custody of [CHILD NAME] to Adoptive Parent(s). Adoptive Parent(s) shall obtain a court order to finalize the adoption.
- Financial Arrangements. [OPTIONAL: Birth Parent(s) shall pay [AMOUNT] to Adoptive Parent(s) to cover the costs of the adoption, including legal fees, medical expenses, and any other expenses related to the adoption.] [OPTIONAL: Adoptive Parent(s) shall pay [AMOUNT] to Birth Parent(s) for [EXPENSE DESCRIPTION].]
- Contact and Communication. [OPTIONAL: Birth Parent(s) shall have [CONTACT TERMS, SUCH AS FREQUENCY AND NATURE OF CONTACT, AND ANY CONDITIONS FOR THE EXCHANGE OF INFORMATION].]
- Representations and Warranties. [OPTIONAL: Birth Parent(s) represent and warrant that [REPRESENTATION OR WARRANTY]. Adoptive Parent(s) represent and warrant that [REPRESENTATION OR WARRANTY].]
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE].
- Signatures. This Agreement shall be executed by both Birth Parent(s) and Adoptive Parent(s) and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
Birth Parent(s) (Signature) Adoptive Parent(s) (Signature)
Who Helps With Adoption Contracts?
Lawyers with backgrounds working on adoption contracts work with clients to help. Do you need help with an adoption contract?
Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate adoption contracts. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Adoption Contract Lawyers
Valerie L.
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I have been practicing law exclusively in the areas of business and real estate transactions since joining the profession in 2003. I began my career in the Corporate/Finance department of Sidley's Los Angeles office. I am presently a solo practitioner/freelancer, and service both business- and attorney-clients in those roles.
Tina T.
I am a New Mexico licensed attorney with many years of world experience in real estate, transactional law, social security disability law, immigration law, consumer law, and estate planning.
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Brent W.
Brent has been in practice since 2007 and been the principal attorney and owner of The Walker Firm, LLC since 2014. Brent focuses on providing an array of general counsel services to individuals and companies in a variety of industries.
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Sarah S.
I have a background in Criminal Law, Family Law, Contract Law, and Environmental Law. I also have five (5) degrees in the following: Here are my degrees and background: 1) B.S. in Environmental, Soil, and Water Sciences 2) A.S. in Pre-Medical Sciences (anatomy, physiology, medical terminology) 3) A.S. in Aircraft Non-Destructive Inspection (science of x-rays, cracks in metal, liquid penetrant, magnetic particle inspections, ultrasonic inspections, and spectrophotometric oil analysis) 4) Master's in Natural Resources Law Studies (1 year focus in the environmental and pollution laws (Hazardous Waste Laws such as RCRA, CERCLA, FIFRA, Natural Resource laws such as ESA, CWA, CAA, FWPCA, Environmental Law, Sustainable Development, and Global Climate Change issues) 5) Juris Doctor and certificate in Native American Law
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James G.
I am a lawyer in Glendale, Arizona. I have practiced in contract work including buy/sell agreements, contracts for the purchase of goods and services and real estate. I also practice in bankruptcy law and sports and entertainment law.
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Gregory D.
Gregory S. Davis is a native of New York and is a graduate of the Norman Adrian Wiggins School of Law at Campbell University. He also holds an undergraduate degree in Economics from the Wharton School at the University of Pennsylvania and an MBA from Bowie State University. Prior to entering the practice of law, Greg was a Trust officer for one of the largest U.S. Banks, an adjunct professor of finance at Meredith College and a Series 7 licensed financial advisor. Greg is currently the owner of The Law Office of Gregory S. Davis, PLLC (gsdavislaw.com) focusing on Estate Planning, Real Estate and Business Law. Greg is also an adjunct professor of Business Law at Wake Tech.
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