Adoption and Children with Special Needs

Adopting a child is a blessing for all involved — the child who is being welcomed into a family that will last their lifetimes, the family who is gaining a valued new member, and society as a whole. We all benefit from children who are wanted, loved, and raised knowing their future is more-or-less secure. But what about children with special needs, such as those born with Down’s Syndrome or autism whose parent(s) — often, a single young woman — believe their child is better off cared for by a stranger?

In Michigan, there aren’t any actual laws on the book that separate the adoption of a child with special needs from any other form of adoption — the processes are essentially identical from a legal standpoint. Here is a (grossly simplified) look at the process:

• You determine which child you want to adopt (a process long and complex enough that there are entire books written about it, but from a legal standpoint it happens before the courts get involved, so it’s basically just “the prequel”).
• You file petition in county court (either where you live, or where the child currently resides) to adopt the specific child you chose.
• A consent form is filed by the child’s current parent(s), the child-placement agency, the court, or the Department of Human Services depending on the type of adoption (agency-placement, direct-placement, ward-of-the-court, or relative/step-parent).
• The court conducts an investigation to assure that the adoption is in the best interests of the child.
• Assuming the investigation finds you competent to adopt, the court issues an order terminating the parental/guardianship rights of the parent, agency, court, or DHS. They then issue an order making the child a ward of their court, followed by an order to have the child placed in your care temporarily and to have a social worker monitor the child’s well-being while in your care.
• Six months later (at minimum; the court can extend this period if it sees fit), if the child appears to be thriving in your care, the court will issue an order of adoption and assign guardianship rights over the child to you.

How Does a Child with Special Needs Change The Picture?
While the legal process from a bird’s-eye view might be unchanged, the details are enormously different. Children with special needs tend to be significantly more expensive in both time and money, and the court’s investigation to determine your suitability as an adoptive parent will hold you to a much higher standard than for adopting a child without special needs. (And those standards are already pretty high!)

Fortunately, because the state recognizes the extraordinary burden that these children represent, they have created a variety of ‘adoption subsidies’ for children with special needs. The pamphlet “Information for Prospective Adoptive Parents” has details on what these programs are and how to apply for them.

If you’re interested in adoption and you have a heart big enough to accept the challenge of adoption a special needs child, Gucciardo Family Law can help. Call today at 248-723-5190 and we can get the process started and guide you along the path to parenthood.