Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
A child is not an asset like a house that gets willed to whoever you choose. In these situations, a court and/or child services will protect the child's rights and well being, if there are no legal guardians. If the child's mother has died, you are still one of the two legal guardians. If your mother becomes the second, that doesn't mean you stop being a legal guardian. If your mother then dies, you are still a legal guardian. The two slots do not have to be filled, one is enough. If you are stripped from your parental rights, your mother adopts, then dies, then the court will decide. If she wills that you again become a legal guardian, that does not undo the stripping of your rights.
Explore your eligibility to adopt a child. There is not a constitutional right to adopt a child. As a result, all adoption rights, procedures, and requirements are governed by state statutes with some guidance from the federal government. In general, under current state laws, any single adult or married couple is eligible to adopt if they meet certain criteria.
To claim your adopted child or teenager as a dependent for tax purposes, he or she must have a social security number. If your child already has a number when he or she is adopted, you may either keep the same number or have a new number assigned. If your child is receiving Social Security benefits, Supplemental Security Income payments, or if the child has worked, the Social Security Administration will not assign a new number, but will update the child's record. In any case, you will need to contact the Social Security Administration to be sure the number is registered correctly, reflecting you as the child's parent. To find the nearest local office, visit the Social Security Administration website at www.ssa.gov.
The cost of an adoption lawyer is a big concern for many people. In most cases, the attorney charges a flat rate for simple cases. However, for more complex situations, then they will likely charge an hourly rate. Keep in mind, this is something that is typically based on the situation, so it is best to discuss the charges for the case with an attorney before hiring them. This is how a person can be sure they have found the right lawyer for their case and situation.
The Indian Child Welfare Act (ICWA) protects the break-up of Native American families through adoption. Every state has its own rules about how to comply with ICWA, and the laws that regulate this are specific and serious. The main thrust of ICWA is that you must ask the biological family about their potential Native American heritage and document their answers. The courts will want proof that this inquiry was made and completed correctly according to the law. This usually involves completing specific, preprinted forms that vary from state to state. If a birth parent has heritage, notice of the adoption must be provided to every band and tribe of eligibility. Identifying and researching the proper person for notice can be laborious and time consuming, especially if you’ve never done it before. An experienced adoption attorney will know which forms must be completed and by whom. She or he will also know where and with whom to file the forms so as to be in compliance with ICWA. The attorney will also know the proper consent documents a birth parent must sign if the child is deemed Native American. The adoption is at risk if ICWA isn’t properly complied with. (See in re Baby Veronica).
The adoption of a child should be one of the most joyful moments of your life. Often, however, the process can be one filled with stress and anxiety, as you work to make certain you have correctly completed all the paperwork and have taken all the steps to safely and permanently bring the child into your home. When you want to minimize the emotional challenges involved with adoption, having an experienced and competent attorney by your side can be critical.
The finalization hearing, sometimes held in the judge's chambers, usually lasts less than an hour, and is attended by the adoptive parents, the child, the family's attorney, and a social worker from the child's agency. The judge may review the family's homestudy, ask questions, and generally attempt to ensure that the child is being placed in a safe, loving home.
A private adoption where the adoptive parents and the birth mother have not agreed beforehand can cost over $20,000. Before you make the financial and emotional investment in the adoption, you want an attorney who is familiar with all federal, state, and local laws and procedures. Depending on your location, expect to pay $100 to $200 per hour for skilled legal assistance.
File the adoption petition. Once a child has been identified and the Home Study completed, your attorney will prepare and file the adoption petition with the court. The petition will identify you and your partner, the birth parents, consent to the adoption, and ask the court to grant the adoption. When the petition is filed, the court clerk will set it on the judge's calendar for an initial review.
Thank you for all your help. I do have one adopted child and that was private and we used a lawyer. I do know about trying to find the mother and I am in touch with the birth mothers father ( the child's grandfather) He told me she moves around alot and goes from state to state and friends to friends and that she never leaves an address or phone number. Since the father is unknown and the birth mother originally told me he died ( not sure if that's true) what will happen with that? My husband still wants to try and do this without a lawyer. We have all the papers from our local courthouse but just need to know the order in which to do them. I'm not sure we will be required to have a home study, my husband is reading up on the laws in PA a little each evening but this takes time and patience.
The adoption process can be arduous, forcing you to clear many hurdles before you can finally bring a child home. We will be there with you at every step, providing counsel as you complete applications, advising you regarding home studies and helping you obtain all the necessary documentation to finalize the process. We will handle all matters related to the termination of parental rights, if required, to finalize the adoption. When necessary, we will act as your advocate with birth parents, negotiating agreements to cover medical or other expenses incurred by the birth or care of the child before the adoption.
Now if you wish to go it alone, there are ways to do so. One such way is to utilize the services of a Do-it-yourself adoption service such as RapidAdoption.com. For a reasonable fee, the fine folks at RapidAdoption.com will complete all of the necessary paperwork for the adoption in your state. They will even do it if the child is in a different state than you. They have been doing legal paperwork since 1998 and have prepared 1000’s of legal documents in all 50 states. But their service is only available in the United States and only with domestic adoptions. So if you reside outside of the United States or are adopting from another country, then this is not an option for you.