What is a legal risk adoption?
A legal risk adoption is a type of adoption in which the adoptee is taken in by a family before the legal process is complete. This type of adoption is common in Indiana, and it happens when adoptive parents take a child into their home without first obtaining a court order. In Indiana, a legal risk adoption is also referred to as an “informal adoption” or an “agreed adoption” because the adoption is based on an agreement between the adoptive family and the biological parents, rather than on a court order. The family may choose to proceed with a legal risk adoption if they are confident that the biological parents will not change their minds on the adoption. A legal risk adoption is a risk because if the biological parents decide to keep the child, the adoptive family could face legal action. For this reason, it is highly recommended that families seek out an attorney to help them through the legal process and ensure all parties involved are properly protected. In addition, a legal risk adoption may impact the adoptive parents’ rights in the future, such as the ability to make certain medical decisions for the child or to obtain certain benefits on behalf of the child. Likewise, if the adoption is disrupted after being finalized, the adoptive parents may not have any legal recourse. Therefore, it is wise to consider the potential risks associated with this type of adoption before taking the leap.
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