The associate commissioner or designee may grant a waiver allowing an adoption by a prospective parent whose divorce is not final, if the adoption is in the child’s best interest and two or more of the following conditions are met:

 •  The applicant has a pre-existing relationship with the child.

 •  The applicant has a pre-existing relationship with the child’s birth family.

 •  Placing the child with the applicant would allow the child to maintain a familial relationship with a sibling.

 •  The applicant can meet the child’s particular needs (current and long-term).

See the Foster and Adoptive Home (FAD) Resource Guide for the process of obtaining a waiver.

If a waiver is granted, the caseworker or attorney representing DFPS must inform the court that:

 •  DFPS determined that it is in the child’s best interest to be adopted by the prospective parent.

 •  DFPS granted a divorce waiver allowing the prospective parent to proceed with becoming approved to be an adoptive parent.

 •  The spouse of the prospective parent did not consent to the adoption.