Adoption and Divorce: Things You Should Consider

Both parents have legal obligations and rights when they divorce.


Most states allow individuals who are not married to adopt. What happens if a divorcing couple desires to adopt a child? Will this cause the adoption to fall through? The answer is no, although a divorce during an adoption procedure might add considerable complications. In this article, we discuss what your possible options might be.

Type of Adoption

How divorce impacts an adoption varies with the type of adoption, the original parents' rights, and the court's judgment approving the adoption. Get the best solution and suggestions at the Hive Law if you aren’t sure how to get started.

Consensual Adoption

The biological parents knowingly and willingly give up their rights to their child in exchange for the benefits of adoption. If the parents' agreement to the adoption hinged on the expectation that their child would be going to a married, two-parent family, they may be able to cancel that agreement before the adoption is finalized if a divorce has occurred or is pending.

Adoption by a Foster Family

The biological parents' rights have been terminated or will be terminated by the state, and the biological parents have no legal standing to dispute the adoption. If a divorce occurs during a foster care adoption, the adoption court has the final say on how it will affect the adoption. The court will decide whether to allow the adoption to proceed, allow only one parent to adopt the kid, or terminate the adoption altogether based on what is in the child's best interest.

Stepparent Adoption

Many people who marry into a family with children express an interest in adoption. The adoption process is streamlined if the other biological parent agrees or has no legal rights to the children. A judge will likely approve an adoption between a biological parent and a stepparent who has recently divorced. For a stepparent adoption to be legal, the stepparent must be legally married to the adoptive parent in every state.

International Adoption

The procedure is governed by the legislation of the country where the kid is located. Many nations will not let the adoption go through if a divorce is filed during the adoption process. Parents who have been divorced from their biological children are ineligible to adopt internationally.

Things to Consider

Adoption Attorney Help

Couple adoption to solo adoption is not impossible. To pass this hurdle, you'll need a skilled adoption attorney who will help you set up your profile in your best interest to show you the capability to take good care of an adoptive child.

Divorce During Adoption Process

Trying to hide your divorce from the adoption agency is a bad move.  Your divorce proceedings are public record and cannot be hidden. During the home study, you can't hide your divorce. Lying to the agency and the court will undermine your credibility and jeopardize the adoption. Lying to a birth parent about your relationship status could cause the court to revoke your parenting rights. A judge returning your adopted child to their birth parent is a nightmarish circumstance.

Many adoptive mothers are not in committed relationships but want their child to grow up with both parents. This may be a precondition for her approval. Birth parents have the right to halt the adoption procedure before legalization if they learn that the adoptive parents are divorcing or separated. The adoption court can also consider the child's best interests in light of the divorce. A judge may rule that the adoption can proceed if both biological parents agree, that just one of the parents needs to agree, or that the adoption should be halted altogether.


Adopting a child itself can be quite a lengthy process. And if you are going through a divorce, the whole thing gets more complicated. However, if you are honest, work with a good attorney, have perseverance, and have good intentions, you can be blessed with a child.