When a court has already given responsibility for a child's care and custody to an agency, and the child is residing with foster parents, the agency may file a petition to terminate (end) the parents' rights to the child. A child whose parents' rights have been terminated is then ready for adoption. Persons who are interested in adopting a child may apply to adopt through an agency. The agency conducts an investigation of the adoptive parent or parents' home and background to see if it is a suitable home for the child.
A petition and other documents are then submitted to the court for its approval. If the court finds that the adoptive parent or parents are able to provide proper care and support for the child, the court approves the adoption. (Sometimes, money may be available through the agency to help support the child, called an "adoption subsidy".)
The court may approve of a post adoption contact agreement at the time of a conditional judicial surrender. This agreement allows parent to visit with child after adoption.