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Can getting divorced during an adoption derail the process?

On Behalf of | Sep 14, 2018 | Family Law |

Wisconsin parents go into an adoption as a couple, but somewhere during the adoption process, you may come to the conclusion that things just aren’t working out. If you decide to divorce during an adoption, how will that affect the adoption itself? Will the process be derailed?

The short answer is, it could be. FindLaw takes a look at the requirements for an adoption, which can differ depending on the type of adoption. However, one thing remains the same between all cases and that similarity is the stringent requirements. Your adoption needs to be handled by an adoption court, and court will make a decision based on whether or not they believe the child’s best interests will be met.

Because of that, divorcing during an adoption can create hurdles. Not only can it be seen as detrimental to the child, but it can also entirely invalidate any parenting or adoption plans made because your situation is drastically changing. For example, consensual adoptions may be revoked by the birth parents if you are divorced. If it’s a stepparent adoption and you are divorcing from the biological parent, the adoption will likely not be approved. Foster care adoptions will rely solely on the determination of the court. They may terminate the adoption, allow it to proceed, or only grant one parent the right to adopt. Finally, international adoptions depend on the country’s laws. Some countries won’t adopt to parents who have been through a divorce. Others won’t adopt to single parents.

There are no laws stating that you cannot get a divorce while going through an adoption process. Just know that it might still affect your abilit to adopt regardless.



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