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Articles What is Adoption?
Written by: Adoption.com Staff | Published on: May 26, 2026

What is Adoption?

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Adoption is the legal and emotional process of growing a family with a child who cannot be raised by their birth parents. The legal definition is simple, but the process itself involves complex emotions and life-changing decisions for everyone involved. 

There are several different paths to adoption, and many different situations that lead to a child becoming eligible. In all cases, adoption is an ongoing journey that requires commitment and perseverance, but the rewards for families and children alike are profound. 

In this guide, we’ll explain the legal definitions, the emotional and social reality, the different types of adoption, and some common misconceptions about the process. 

The Legal Definition: Transfer of Rights

In terms of the law,, adoption is a legal process that transfers parental rights and responsibilities from one set of parents to another. This happens in two legal steps: the termination of parental rights and then the creation of new rights. 

Termination of Parental Rights (TPR)

Before an adoption is finalized, the parental rights of the child’s birth parents must be terminated. This legal process is called the Termination of Parental Rights (TPR). 

In private adoptions, the birth parents choose to terminate their parental rights. The laws about how, when, and where this consent must be given vary between states. Some states allow a period after the consent when birth parents are allowed to change their mind and revoke their consent. Once this period has passed, the termination of parental rights is permanent. 

In foster care adoptions, the birth parents’ rights are terminated by the state. This occurs when a court determines that the birth parents are unable to care for the child, usually because of abuse, neglect, or abandonment. 

Creation of New Rights

Once the TPR is complete and the adoption is finalized, the child’s adoptive parents receive full parental rights. This means they have the authority to make all decisions for the child, including choices about medical care, education, and religious upbringing. 

Legally, the child’s relationship to their adoptive parents is identical to that of a biological child. The child gains the legal right to inherit and receive financial and emotional support from the adoptive parents.  

The Emotional and Social Reality 

Even in ideal circumstances, adoption is a complex emotional journey that lasts a lifetime, and affects everyone involved. Understanding the difficult emotions that might arise will help you prepare. 

The Adoption Triad

Adoption introduces a new, lifelong interrelationship between the birth parents, the adoptive parents, and the adoptee. This connection is known as the adoption triad. 

While each adoption involves a different level of contact between members of the triad, the dynamic and the emotions it creates remain, even in a closed adoption with no birth parent contact. 

Loss and Gain

 On one hand, adoption is a beautiful, rewarding journey that grows a family and gives a child who needs it a permanent, loving home. However, keep in mind that for an adoption to take place, a loss must occur.

The loss of the birth family can create complicated feelings for all members of the adoption triad. For example, the birth parents or the adopted child may experience feelings of loss, guilt, and grief. The adoptive parents may struggle with complicated feelings about their role in the child’s story. 

These feelings are normal, and often co-exist with joy and love. They may arise without warning at any time throughout the journey. The best way to navigate these emotions is by learning about them, preparing yourself, and knowing how and when to seek support. 

Brief Overview of Adoption Types 

There are several different paths to adoption that are each suited to different circumstances and preferences. 

Domestic Infant Adoption

Also known as private adoptions, domestic infant adoptions usually involve a licensed adoption agency or an adoption attorney. For this type of adoption, the birth parents choose to make an adoption plan for their child. They may be matched with an adoptive family by an agency, or they may connect with adoptive parents on their own and hire an attorney to handle the legal process. 

For adoptive parents, the timeline for these adoptions is often unpredictable, and the expenses are typically higher than adopting from foster care. 

Foster Care Adoption

Foster care adoption means welcoming a child whose birth parents’ parental rights have been terminated by the state because of abuse, neglect, or abandonment. The main goal of foster care is to address the parental problems and reunite the child with their birth family. When reunification is not possible, the child becomes legally eligible for adoption. 

This type of adoption is generally quicker and less expensive. The state typically covers all the costs of adoption, and many states offer ongoing stipends and benefits to help with childcare. 

Children in these types of adoptions are often older, and sometimes part of sibling groups that need to stay together. It can be a more emotionally complex journey since the children may have suffered trauma or grief at an early age. However, adopting from foster care gives the most vulnerable children a permanent, loving home that they desperately need. 

International Adoption

Adopting a child from another country is known as an intercountry adoption. These adoptions are regulated by the State Department, and must be done through an accredited or approved adoption service provider

Many intercountry adoptions are governed by The Hague Convention, an international agreement to ensure that these adoptions are safe and uphold the child’s best interests.    

Stepparent and Relative Adoption

Stepparent and relative adoption are the most common forms of what is known as “kinship adoption.” Stepparent adoption involves adopting a spouse’s child from a previous marriage. Relative adoption is when a family member other than the birth parents, such as a grandparent, aunt, uncle, or older sibling adopts the child. 

Both stepparent and relative adoptions are typically more straightforward and less costly than private adoption because the family relationships are already in place. 

Common Misconceptions 

There are many misunderstandings about adoption spread by people who don’t know better. Here are two of the most common ones.

“Adoption is Co-Parenting”

Some adoptions are open, which means that the birth parents are allowed some agreed-upon level of contact with their child. However, even in these cases, adoption is not co-parenting. 

The adoptive parents are the sole legal guardians, which means that they are the only ones who can make decisions for the child. 

“Adoption is Second Best”

There is a common stereotype that biology is the only “real” way to make a family, and that adoption is only used as a backup. This is not true. Adoption is a valid and beautiful way to create a family that parents choose for a number of different reasons. In fact, one study by The U.S. Department of Health and Human Services found that fewer than 40% of parents who adopted from foster care did so because of infertility. 

The bottom line is that adoption creates lifelong, loving bonds between parent and child that are every bit as strong and legitimate as those in biological families. 

Adoption is a permanent legal and emotional commitment that transforms lives. It creates families, provides children with loving homes, and builds bonds that last a lifetime. Like many of the deepest and most rewarding experiences in life, it can be complicated and sometimes challenging. If you’re considering adoption, the best way forward is to educate yourself, seek support, and connect with professionals who can guide you through the journey.

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Adoption.com Staff

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About Adoption.com Staff

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