-
1
Reasons Why an Adoptive Placement Sometimes Fails
- 1.1 1. Safety Concerns May Lead to Unexpected Outcomes
- 1.2 2. Rehoming Without Legal Oversight Is a Crime in Many States
- 1.3 3. Legal Responsibility May Persist After a Disruption
- 1.4 4. Emotional Impact on Families and Children
- 1.5 5. An Adoption Attorney Offers Adoptive Parents in NC the Legal Guidance They Need
-
2
Frequently Asked Questions About Disruptions and Dissolutions in Adoption in North Carolina
- 2.1 What is a disruption in adoption, and how does it differ from a dissolution?
- 2.2 How can adoption preparation help prevent disruptions or dissolutions?
- 2.3 What role does the matching process play in helping adoptions succeed?
- 2.4 Are disruptions more common in certain types of adoptions, such as private adoption or sibling groups?
- 2.5 What emotional support is available for families experiencing adoption disruptions or dissolutions?
- 2.6 How can families strengthen their adoption experience to avoid disruptions?
- 2.7 What steps are involved in the adoption application process to minimize the risk of disruptions?
- 2.8 How can families build a personal connection with their adopted child?
- 2.9 What happens legally if an adoption dissolution occurs in North Carolina?
- 2.10 Are there resources for families adopting sibling groups to help them succeed?
- 3 Mills Adoption Law: Experience for What Matters Most – Family
For adoptive parents and a child’s birth parents, an adoptive placement can be a life-changing and rewarding decision, offering relief and peace of mind. And while successful adoptions comprise the majority of adoptions, disruptions and dissolutions can and do occur, creating significant challenges for families, adopted children, and even the local social workers and agencies involved.
What is a disruption in adoption?
It occurs when an adoption placement fails before it is legally finalized. For prospective adoptive parents and those who have had an unsuccessful adoption placement, gaining an understanding of the factors involved in an adoption disruption can help them avoid or move through these challenging situations as sensitively and efficiently as possible.
This blog, from a Raleigh, NC adoption attorney, explains the reasons for disrupted adoptions, offers support for the families involved, and provides guidelines for managing the adoption process.
Reasons Why an Adoptive Placement Sometimes Fails
1. Safety Concerns May Lead to Unexpected Outcomes
When an adopted child poses an increased risk of harm to other children in the home, social workers must prioritize the safety of all children involved, which can often upend family life. Instead of removing the child demonstrating the problematic behavior, social services may remove the well-behaved children in the household and place them in foster care temporarily. Although this action intends to mitigate harm, it can add further stress to an already challenging situation.
For parents, these protective factors can create heartbreak. However, understanding the protocols in advance may help families prepare and advocate for the best possible outcomes for all of their children.
2. Rehoming Without Legal Oversight Is a Crime in Many States
When a family decides they can no longer care for their adopted child, they must handle the process for placing the child with another family with care and in strict accordance with the law. Informal placements, commonly referred to as “rehoming,” are illegal in many states because they bypass legal oversight and make the child vulnerable to inadequate care or even potential harm.
Local laws exist to uphold strict standards concerning permanent or guardianship placements and protect the child’s physical and emotional well-being. Families must work with the courts or licensed agencies to explore alternative permanent plans legally and appropriately.
3. Legal Responsibility May Persist After a Disruption
Even after a family determines they cannot continue the adoption, their responsibilities toward the child may not end right away. If the second family considering adoption does not finalize the process, the original adoptive parents may remain legally responsible for the child, leading to additional legal and financial complications, including potential allegations of verbal, physical, or sexual abuse, neglect, or abandonment if the second family fails to provide adequate care.
Families should consult experienced adoption attorneys to fully understand their legal obligations and make all decisions within the bounds of the law; otherwise, they could face harsh penalties that further complicate an already sensitive situation.
4. Emotional Impact on Families and Children
Beyond the legal complexities, adoption disruptions create emotional turmoil. Adoptive families often experience feelings of guilt, shame, and grief when navigating this situation, while children may feel rejected and confused, which can impose long-lasting effects on their emotional development.
Support services such as therapy and counseling from mental health professionals experienced in adoption-related issues can be invaluable tools for families and children during this time.
5. An Adoption Attorney Offers Adoptive Parents in NC the Legal Guidance They Need
Due to the complexity and sensitivity of a disrupted adoption, seek proper legal guidance from an experienced Raleigh NC adoption attorney. They can help you understand your obligations, protect the integrity of the process, and keep the child’s best interest at the forefront. Whether you are considering alternative placement, advocating for your rights, or simply seeking clarity, working with a knowledgeable attorney will give you peace of mind.
Frequently Asked Questions About Disruptions and Dissolutions in Adoption in North Carolina
What is a disruption in adoption, and how does it differ from a dissolution?
A disruption occurs when an adoption process is stopped before the legal adoption is finalized. A dissolution, on the other hand, happens after the legal adoption has been completed but the adoptive relationship is legally terminated. Both situations can be emotionally challenging and require careful handling.
How can adoption preparation help prevent disruptions or dissolutions?
Adoption preparation sets realistic expectations and equips adoptive families with the tools they need to resolve challenges. It includes understanding the needs of the child, building a stable relationship, and preparing for the emotional and logistical aspects of adoption.
What role does the matching process play in helping adoptions succeed?
The matching process seeks to create a personal connection between the child and the adoptive family, carefully considering factors like the child’s needs, the family’s strengths, and the potential for adoption stability, to increase the likelihood of a successful adoption.
Are disruptions more common in certain types of adoptions, such as private adoption or sibling groups?
Disruptions can occur in any type of adoption, but they may be more common in cases involving sibling groups or children with special needs due to the added complexities. Private adoption, while often more streamlined, can also face challenges if expectations are not aligned.
What emotional support is available for families experiencing adoption disruptions or dissolutions?
Adoptive families can access counseling, support groups, and resources through their adoption agency or local organizations. Emotional support enables the parents and child to process feelings of loss and move forward.
How can families strengthen their adoption experience to avoid disruptions?
Families can strengthen their adoption experience by maintaining open communication and seeking ongoing support and education. A stable relationship between family members and a commitment to the child’s well-being are among the most critical factors in helping adoptions succeed.
What steps are involved in the adoption application process to minimize the risk of disruptions?
The adoption application process includes thorough background checks, home studies, and interviews to assess the family’s readiness. This process seeks to prepare families well and determine that they have the capacity to provide a stable and loving environment.
How can families build a personal connection with their adopted child?
Building a personal connection takes time, patience, and understanding. Families can focus on creating shared experiences, respecting the child’s history, and fostering trust to develop a strong bond.
What happens legally if an adoption dissolution occurs in North Carolina?
In the case of an adoption dissolution, the legal adoption is terminated, and the child may return to the custody of the state or be placed with another family. Because this process involves court proceedings, seek the legal guidance of an adoption attorney.
Are there resources for families adopting sibling groups to help them succeed?
Yes, many agencies offer specialized training and resources for families adopting sibling groups. These resources focus on managing group dynamics, addressing individual needs, and fostering a sense of unity within the family.
Mills Adoption Law: Experience for What Matters Most – Family
Adoption disruptions inflict profound emotional and legal headaches. At Mills Adoption Law in Raleigh, North Carolina, we offer guidance and support for families facing the complexities of adoption disruptions. Whether you need help understanding your options or complying with state laws, adoption attorney Bobby Mills is ready to help.
With 35-plus years representing all sides of the adoption triad in North Carolina, he brings extensive insight to every case. Bobby Mills has argued cases at the Court of Appeals and the North Carolina Supreme Court, served on adoption-related committees, and advocated for legislative change. This background translates into practical strategies that prioritize ethical standards for clients who wish to adopt without compromising the achievement of their ultimate goal of giving children loving, stable homes.
Contact Mills Adoption Law today at (919) 306-2899 or complete our online form to schedule a free, 15-minute consultation.
Copyright © 2025. Mills Adoption Law. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Mills Adoption Law
Raleigh, NC 27612
(919) 306-2899
https://www.millsadoptionlaw.com/