An adoptive parent is a person who becomes the parent of a child through adoption. In order for an individual to become an adoptive parent, they must complete all the legal requirements necessary to adopt a child that is not related to them. The most important consideration in permitting an adoption are the interests of the child and the fitness of a person to adopt.
When considering whether an individual is suitable to become an adoptive parent, other factors that will be taken into account include economic status, health, age, living environment and criminal record. Adoptive parents will be subject to investigation by the respective adoption agencies.
Adoption will usually put to an end the responsibilities of the natural parents of the child and transfer them onto the adoptive parents. A natural child and an adopted child will be subject to the same rights. However, it is important to note that when an adult is adopted, the responsibilities of the adoptive parents will differ from the responsibilities of adoptive parents of a minor.
In Fla. Dep’t of Children & Families v. X.X.G, the Court of Appeal of Florida considered the question of whether adoption of a child should have been denied because an adoptive parent was homosexual. The courts reasoned that there was no rational basis in denying homosexual parents from adopting a child. They argued that there was no difference in between the parenting of homosexual and heterosexual couples. It would not have any detrimental effect on the child whatsoever.
Instead the courts need to consider whether the proposed adoption is in the best interest of the child. This is determined by a home study and investigation to determine whether the home would be suitable for the child.
[Last updated in November of 2021 by the Wex Definitions Team]