Some couples wait years before getting the green light to adopt. This is (or at least, by all rights, should be) an exhilarating time. But the adoption process can also be exhausting, consuming emotional and financial resources. And life’s other stresses can add up as well.

What happens when a couple getting an adoption decides to part ways? Does the process necessarily terminate? If not, who gets custody of the child, and how does child support and visitation work?

The answers to these (and similar) questions depend sensitively on the details of your relationship, your financial situation and where you are in the adoption process. Getting a divorce will not necessarily ruin your chances, but it can greatly complicate matters.

Factors affecting your next steps can include:

• The best interests of the child. If a court thinks that letting the adoption continue would present a hardship to the child in question, it will likely choose to halt the process.
• The wishes of the birth parents. The birth parents may stipulate that they want the child to go to a stable, married family. Or the agency may put a stop to the adoption because of the anticipated divorce-related chaos. The birth parents may also decide to let the adoption continue with one or both custodial parents.
• Special constraints on international adoptions. Some international adoption agencies impose specific rules about what kind of home can welcome a child.

Whatever you do, don’t stay married just because you want a child. It’s not fair to you, and it’s not fair to the child. Suspicious circumstances surrounding your divorce could result in the courts halting your adoption as well. Adoption during divorce can be tricky, but it is possible. For more information about protecting your Minnesota adoption process, contact us for a confidential initial consultation.