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April 18, 2008

Can we Adopt a child if my husband had a criminal record?

Filed under: China Law — Tags: , , — china @ 6:39 pm
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I ♥ Richard KHC asked:

He got in a fight with someone it was self defense but there is no self defense law where I live in the US. He has a few minor charges too that were thrown in because they like to charge you with as much bull as possible. are there any countrys that overlook criminal records? or are we just plain screwed. I seen that china goes on a case by case basis, I have hopes for that.

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13 Comments »

  1. I hope they can look past that for you, but i dont know anything about adoption laws. Everyone make mistakes, so long as generally his temper isnt like that and it was a once off i hope you find somewhere. Now being honest, if i was to adopt out a child, i wouldnt choose you with your record because, if i was presented with a couple with a record, its rather obvious id go with the family with out the record.

    Comment by naenae — April 18, 2008 @ 10:40 pm

  2. Yes there are case by case basis with adoptions. They realize that some people do have a history but as long as it isn’t something they deem dangerous to a child they will usually just look more into things like maybe a psych evaluation to make sure that he is safe to be around children. Not sure where you are in the US as I was unaware there was any place that you couldn’t do self defense but if he can get people to stand up for him that it was self-defense then you may just be able to still adopt. I would talk to an adoption attorney or contact your local agency to find out for sure. I do know if you have a domestic violence charge then they take that very serious as well as sexual offenses of course and drug charges after age 18 are taken serious. Crimes as a minor they won’t usually consider unless they are severe because they see it as teens make mistakes.

    Comment by dueinoctwith#3 — April 22, 2008 @ 3:07 am

  3. your particular case will need to be reviewed by a social worker/ adoption case worker. In the US, these things go on a case by case basis as well. While admittedly, a violent crime on the record does not look good, it is not an automatic exclusion from adoption (like say, molestation, rape or drug trafficking would be)
    They may want to see some concrete evidence of how he has reformed, perhaps anger management or other therapy.

    Comment by nowinteknicolor — April 24, 2008 @ 10:22 pm

  4. If they are felony convictions, you haven’t a hope. If they are misdemeanors that are 8-10 years or older, with no stuff more recently, then it may not be a problem.

    Comment by TotalRecipeHound — April 27, 2008 @ 8:14 am

  5. i am adopted and i know that when my parents were going through my adoption they had to have a physcial and they had a credit check and a back ground check as well the home was inspected and they have to attend a bible study for a year and also they were forced to answer questions about thier believes (abortion, political views, ect.) it was a very rigorous process…so there is a possiblility that they will not give you a child

    Comment by Rosalie R — April 28, 2008 @ 2:04 pm

  6. I think you might be out of luck, they try to look past that, but if it isn’t on his record that it was self defense, forget it. There are some exceptions though, if everything else is A o.k., then you might have a chance.

    Comment by spikeitgirl_mcw — April 30, 2008 @ 8:04 pm

  7. It depends on what he was charged with and the country you plan to adopt from.

    In the United States to adopt a child from the United States…you can have no crime that involves a child…at all felony or misdemeanor, last night or 50 years ago.

    You can have to murder or mayhem (I’m not sure what mayhem is)

    No sexual crimes that make you a registered sex offender….

    No felonies within 5 years

    You should be off probation for misdemeanors for at least 2 years……

    Multiple DUIs raise concerns as do multple drug crimes.

    Those are regulations…then there are the Social Workers impressions. I have turned people down based on an older, but extensive history when I legally could have approved them, but didn’t based on the entire person.

    You may want to look into getting the case expunged. The social worker will also explain the incident in the home study, which may help.

    Comment by jm1970 — May 2, 2008 @ 2:07 pm

  8. There is no such thing as had a criminal record either you have one or you do not. No, adoption is not a possibility for individuals with a history of violent criminal histories.
    It is sad that this has happened but, as an adult you sure make a lot of excuses for his behavior, maybe it is for the best.

    Comment by itchianna — May 4, 2008 @ 3:38 pm

  9. China does go case by case but given the new restrictions they are being a lot choosier than they were previously.
    I would imagine since it was assault charges that will be looked down upon.
    Make sure you are upfront with your agency and caseworker from the start. They will be able to give you more direct answers.

    Comment by Becca — May 5, 2008 @ 8:17 pm

  10. Here in the US, I don’t think you would be able to. The agencies really look down upon any kind of violent criminal background. I can’t say for any of the other countries.

    Comment by GEE-GEE — May 8, 2008 @ 5:14 am

  11. If you want to adopt in the US it might be possible. Talk to the agency who would be doing your home study and give them as much info as possible. Also if will be better if it was a long time ago (not last year). You would need to write up your version, and perhaps get anyone else involved (witness/friend) to back you up. They will likely be able to give you some kind of heads up if it is a show stopper or not. We didn’t do international adoption, so I know less about other countries standards.

    Comment by cmc — May 8, 2008 @ 7:57 am

  12. It all depends on what he was charged with, but if that is the only thing they can proably look past it. Its somthin you will have to address in your homestudy.

    Comment by Kelly — May 11, 2008 @ 1:32 am

  13. I don’t know, but I’m curious as to what your “dear birthmother letter” says.

    Comment by jessica300 — May 13, 2008 @ 1:17 am

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