If I file for bankruptcy will I still be able to adopt? 9 Answers as of January 10, 2011

My wife and I are thinking about filing bankruptcy because of over $15K in credit card debt and because our monthly income can no longer cover expenses. My wife and I are unable to have children, but we would someday like to be parents after our financial situation is straightened out. Will there be any difficulty as far as adoption goes if we file for bankruptcy? Does bankruptcy bar one from adopting?

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Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
To my knowledge, there is no specific bankruptcy statute that prohibits adoption of a child by a Debtor. However, the State adoption agency may take into account your financial situation in determining whether you are able to bear the financial burden of caring for a child. You should consult with an attorney who specializes in adoption laws in your State.
Answer Applies to: Illinois
Replied: 1/10/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
Bankruptcy does not bar one from adopting.
Answer Applies to: South Dakota
Replied: 1/6/2011
Law Offices of Lady Justice
Law Offices of Lady Justice | Mona Patel
Well in order to adopt the agency will look if you are financially capable of taking on another person to support. Usually bankruptcy gives people the fresh start they badly need to get out of debt. So if you start over and start saving money for your new adoption, you can certainly adopt as long as you show you are financially capable.
Answer Applies to: California
Replied: 1/6/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
It is my belief that bankruptcy does not affect your ability to adopt. However, this is something you should ask an adoption attorney. Nothing in the Federal Code prohibits you from adopting. However, in my experience most courts have informal rules, guidelines, and requirements. I would meet with an adoption attorney in the County you will be adopting in order to make sure this will not be frowned on by the court.
Answer Applies to: California
Replied: 1/6/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
I have never heard of a bankruptcy stopping an adoption.
Answer Applies to: California
Replied: 1/6/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No. In fact your chances of being able to adopt may improve since you will have more income available to support the child you plan to adopt. If you have too much debt you might not be able to show the financial ability to adopt which is a requirement to adopt a child. Bankruptcy is not an immoral act. It is a legal remedy provided by federal law for persons eligible to discharge their debts. The U.S. Constitution specifically permits a bankruptcy code to be established by Congress for the discharge of debts. There are federal laws that protect you from discrimination by a government agency because you filed a bankruptcy case. California law also protects from arbitrary discrimination. Filing for bankruptcy is a federal legal right so discriminating against you for doing something you are legally entitled to do would certainly be arbitrary discrimination also in violation of California law. You need not worry about anything if you are truthful in your bankruptcy case and are granted a discharge of your debts.
    Answer Applies to: California
    Replied: 1/5/2011
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    No bankruptcy will not stop you from adopting a child.
    Answer Applies to: Arizona
    Replied: 1/5/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That is completely up to the given adoption agency, which I assume is governed by state or local laws. This really is not a bankruptcy question. There's nothing in the bankruptcy code that prevents adoption.
    Answer Applies to: California
    Replied: 1/5/2011
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