Berkeley Parents Network: Will my misdemeanor charge prevent me from adopting?

Berkeley Parents Network

Will my misdemeanor charge prevent me from adopting?

The Parents Network > Advice > Adoption > Will my misdemeanor charge prevent me from adopting?

March 2004

My husband and I are considering adoption, probably international but not sure yet. I am wondering if the fact that I have a misdemeanor drug charge (possession of marijuana) on my record, plus a number of political arrests (unlawful assembly, trespassing and the like -- all misdemeanors) from about 13 years ago will come up or be a problem in the screening process?

I'm not sure how your past arrests will affect the possibility of adoption, but it may be possible to clear some or all of the arrests from your record, and even convictions if you have any. The San Francisco Public Defender's office has a program called ''clean slate'' that can help you with the paperwork - if the arrests are in another jurisdiction contact a reputable criminal defense attorney to find out what you can do to clean things up. pd mom

If the marijuana arrest was as a teenager, look into having it sealed. Then, your record would not show this at all, and you would not have to claim it on any forms. I was able to do this, but I didn't have any addtional arrests. I had to call the county where the arrest occurred to have it sealed. It's worth a try. Good luck.

I am the Director of an adoption agency for both domestic and international adoptions. In both kinds of adoptions someone with an arrest record like you describe CAN adopt a baby! We would interview the client in more detail and may want more information, but small offenses, a long time ago are generally exempted, at the discretion of the agency. Lynne

I'd be surprised if this is a problem but don't know for sure. I would advise discussing it with whoever you'll be working with to facilitate the adoption. We did our adoptions working with Jewish Family & Children Services in San Francisco. They were great, highly helpful, and I'm sure you could ask them this sort of question and get it readily clarified. I imagine they'd be happy to do this even if you don't have an existing relationship with them. Adoptive Dad

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