When talking about legal rights during an adoption process, thoughts turn to the rights of the birth parents and the adoptive parents. Many people tend to forget about the rights of the adopted children. When adopted as an infant, there aren't too many rights to be concerned with, as children don't have any concept of what is happening. But older children do, and they have certain rights.
History
Not too long ago, children weren't considered "real" people. They didn't have a voice to speak out about what they wanted. They were, in essence, the property of their parents, or with the lack of parents, other relatives or the law. Now, however, children are taken into consideration, especially when they are being placed for adoption.
Secure Environment
Children have a right to be placed in a safe and secure environment. When an adoption is being considered, the family needs to be examined to ensure that they are going to provide that safe environment. This child, who has endured so much at such a young age, does not need to go through an adoption only to be put in a home that is not safe. This includes safety in the home, as far as living conditions, and with all members of the adoptive family.
Wishes Considered
Although children can't have every wish granted in an adoption case, a judge should listen to their wishes. If the child is anxious or fearful, the judge should listen and try to figure out the reason behind the feelings. Although the judge does not have to allow or disallow the adoption based on the child's wishes, it is up to him to lend a listening ear and give due consideration to the child's thoughts.
Suitable Environment
A child has the right to be placed in a suitable environment. If the child has physical or mental difficulties, she need to be placed in a home that will not hinder her. A child in a wheelchair, for example, should be placed in a home that is wheelchair-accessible. Children have a right to be able to live comfortably in their new home. The judge must consider this before allowing the adoption to go through.
After Adoption
The adopted child also has rights after being adopted, but these are a little different. After adoption, the child has the same rights as a biological child. The law considers them to be part of the family. In family inheritance issues, adopted children and biological children are afforded the same rights.
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