Adoption of Minors in Nevada
Adoption of Minors in Nevada
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Nevada Adoption
Adoption in Nevada is the legal process that permanently creates a new parent-child relationship while terminating the rights of the biological parents.
While adoption is a joyous milestone, the path to finalizing that bond is a rigorous legal procedure requiring strict statutory compliance.
At The Rosenblum Law Firm, we believe that you should focus on the celebration while we handle the bureaucracy. We act as your steady hand through the paperwork, background checks, and court hearings, ensuring that your journey to becoming a “forever family” is smooth and legally secure.
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Types of Adoption We Handle in Nevada
Step-Parent Adoption
This is the most common form of adoption we handle. It occurs when a step-parent wishes to legally adopt their spouse’s child. In Nevada, this process is streamlined compared to other types.
- Key Benefit: Under NRS 127.120, Nevada law grants the court discretion to waive the rigorous DCFS home study for step-parents. This often makes the process significantly faster and more affordable than a traditional agency adoption, though background checks are still required.
- Learn More: Read our detailed guide on the requirements for stepparent adoption in Nevada to see if you qualify for the streamlined process.
Guardianship to Adoption (Relative Adoption)
Many grandparents, aunts, or uncles currently caring for a family member start with guardianship. While guardianship provides legal authority, it is temporary-it ends when the child turns 18 or if a parent successfully petitions the court to terminate it.
- The Shift: Adoption is permanent. It ends the constant fear of biological parents returning to disrupt the child’s life after years of absence. It provides the child with the deep security of knowing they are home for good.
Private and Independent Adoption
This involves adopting a newborn directly from birth parents, often without the involvement of the state foster system. This requires strict compliance with Nevada family law to ensure that the birth parents’ rights are properly terminated and that no future legal challenges can undo the adoption.
Adult Adoption
Adoption isn’t just for children. An adult adoption formalizes a parent-child relationship that has existed for years or even decades. In Nevada, this is a streamlined process. Because the adoptee is an adult, no home study is required, and the biological parents usually do not need to be notified. It generally requires only the consent of the Adopter and the Adult Adoptee (and their spouses, if applicable).
The Adoption Process in Nevada
Step 1: The Petition and Venue
The process begins by filing a Petition for Adoption in the Clark County Family Court. We must establish that you meet the residency requirements and that the court has jurisdiction over the child.
Step 2: Termination of Parental Rights (TPR)
A child cannot be adopted until the rights of the biological parents have been legally severed. This is often the most complex step.
- Consensual: Sometimes, biological parents will voluntarily sign consents.
- Involuntary: If a parent refuses to consent but has been absent, we may need to file for termination of parental rights. In Nevada, a failure to provide support or communicate with the child for 6 months can create a legal presumption of abandonment, defined in NRS 128.012(2) (Definition of “Abandonment of a child”) and NRS 128.109 (Presumptions). We handle this difficult litigation to clear the path for your adoption.
Step 3: The Home Study (and Exceptions)
For non-relatives, Nevada requires a thorough investigation by the Division of Child and Family Services (DCFS) or a private agency. This includes home inspections, financial reviews, and interviews.
- Crucial Exception: If you are related to the child within the third degree of consanguinity (grandparent, aunt, uncle, sibling) or are a step-parent, we can typically petition the court to waive this full investigation under NRS 127.120, reducing the process to a simplified background check.
Step 4: The Finalization Hearing
This is the “Happy Day” in court. Once all paperwork is approved, we attend a final hearing. The judge reviews the file to ensure the adoption is in the child’s best interest. If the child is 14 years or older, they must sign a consent form agreeing to be adopted (NRS 127.020). Once the Decree of Adoption is signed, the legal bond is sealed forever.
Adoption Laws and Requirements in Nevada
Who Can Adopt?
Any adult may petition to adopt. Generally, the adopting parent must be at least 10 years older than the child (though exceptions can be made for step-parents or close relatives). All prospective parents must pass criminal background checks; certain felony convictions involving violence or child abuse will result in automatic disqualification.
Adoption Subsidies and Assistance
For those adopting children with special needs or from the foster system, financial assistance may be available. Understanding adoption subsidies in Nevada can be crucial for families needing resources to provide for a child’s medical or therapeutic needs.
Rights of the Biological Father
Nevada law requires us to exercise due diligence in identifying and notifying biological parents. Unlike some states, Nevada does not maintain a Putative Father Registry. Instead, we must conduct a diligent inquiry to identify any potential fathers. If a biological father cannot be found, we must prove to the court that we made every reasonable effort to locate him before his rights can be terminated.
Interstate Adoption (ICPC)
If you are a Nevada resident adopting a baby born in another state, you must comply with the Interstate Compact on the Placement of Children (ICPC). You cannot bring the child back to Nevada until both states’ ICPC offices have approved the transfer. This is a strict federal requirement that ensures the safety of children moving across state lines. Read more about international and interstate adoption laws.
Frequently Asked Questions About Adoption
How long Does a Step-parent Adoption Take in Nevada?
Because step-parents can usually waive the full adoption home study, these adoptions are significantly faster than agency adoptions. If the biological parent consents or has abandoned the child, the process can often be completed in 3 to 6 months.
Do We Need the Biological Father’s Consent if He Hasn’t Paid Support?
Not necessarily. While consent is preferred, it is not always required. If a parent has left the child without provision for their identification or support for 6 months, Nevada law presumes abandonment. We can use this presumption to petition the court to terminate his rights involuntarily.
What if the Child Wants to Be Adopted?
The court values the child’s voice. In fact, under Nevada law (NRS 127.020), if the child is 14 years of age or older, their written consent is legally required for the adoption to proceed.
Does Adoption Change the Child’s Birth Certificate?
Yes. Once the adoption is finalized, the original birth certificate is sealed. The state issues a new birth certificate listing the adoptive parents as the legal parents.
Can Same-sex Couples Adopt in Nevada?
Yes, absolutely. Nevada law prohibits discrimination based on sexual orientation. Same-sex couples have the exact same rights to adopt individually or jointly as opposite-sex couples.
Why Choose The Rosenblum Allen Law Firm for Your Adoption?
Ensuring Your Family is Legally Secure
Adoption is highly technical. A missed notification to a biological relative or a paperwork error can leave the adoption open to challenges years later. We ensure strict compliance with every statute to provide the highest level of security for your family’s future.
Compassionate Guidance
We understand the emotional stakes involved. We know that this child is already your family in your heart; we are just making it official on paper. Adoption hearings are our favorite days in court, and we would be honored to help you reach that milestone.
Ready to Make Your Family Official?
Schedule Your Consultation
Are you ready to finalize the bond with the child you love? You don’t have to navigate the complex statutes alone. Contact us at The Rosenblum Allen Law Firm today by calling (702) 433-2889. Let our adoption attorneys handle the legal paperwork so you can focus on building memories with your new family.
THE ROSENBLUM ALLEN LAW FIRM
Tel: (702) 433-2889 | Email: [email protected]
Tell Us How We Can Help You
Tell Us How We Can Help You
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