McFarling Law Group represents people in adoption proceedings. Whether it be a step-parent adoption, a close family member, or an adoption through an agency, McFarling Law Group can help make sure the process goes smoothly and in compliance with Nevada law.
An adoption of a child for whom Nevada is their home state or has been within the past six months must be done through a court order entered by a Nevada court. The person adopting must be at least 10 years older unless being adopted by a stepparent, sister, brother, aunt, uncle or first cousin. If the child is over the age of 14, then the child’s consent is necessary for the adoption. A married person may not adopt a child in his/her own without the consent of his/her spouse, unless the spouse cannot be found or lacks capacity to consent. An adoption by one spouse does not result in the adoption by the other spouse unless the spouse consents and the spouse is named in the decree of adoption.
An adoption can only occur if both parents (if living) consent to the adoption or the guardian of the child appointed by a court consents to the adoption. Consent is not required if the parent has been adjudged insane for 2 years if the insanity is incurable. If a parent will not give consent, their parental rights must be terminated prior to proceeding with an adoption of their child. If a parent gives consent to adoption, the person to whom consent was given has legal custody of the child until the hearing on the petition for adoption. Two or more children may be adopted using one petition if the children are brother/sisters. A mother may not consent to the adoption of her child until 72 hours after birth. A father who is not married to the mother, may consent prior to the birth of the child. A written consent to a specific adoption or relinquishment for adoption cannot be revoked or nullified, even if the parent consenting is a minor.
Stepparent and family member adoptions
When a person or their spouse is within three degrees of consanguinity with a child, the court may waive the requirement that there be a home study done prior to the adoption. This makes the adoption process much simpler and easier.
Agency adoptions and adoptions not by family members
When a person is adopting a child through an adoption agency or is not related to the child, the court will require a home study to be completed before granting an adoption.
Professional Adoption Attorneys at Your Side
McFarling Law Group can assist with adoption proceedings of all types.
If you have questions or would like to schedule a consultation with one of our Las Vegas, Nevada attorneys, please call 702.565.4335 to make an appointment.