Choose an attorney with experience in private adoptions. When you interview attorneys, ask if they are a member of the American Academy of Adoption Attorneys or an equivalent state accreditation. If your attorney is not accredited, question her about her specific experience handling private adoptions. The AAAA maintains a directory of accredited adoption attorneys in the United States.
Adoption lawyers can help you find an adoption agency and file any necessary paperwork. They will also represent you in court if necessary. Lawyers will help you prepare for hearings if you need to state your case verbally in court. Some common problems include the birth parents trying to extort the adoptive parents or the birth parents change their minds. If there are any sort of legal complications, you’ll want to have an attorney on your side.
Decide who you want to handle the legal side of your adoption. In a private adoption, the birth parents transfer their rights directly to the adoptive parents rather than the state or an adoption agency. However, the adoption is still governed by state law and there are many legal procedures and requirements you must meet for the adoption to be granted. Most adoptive parents work with an attorney to guide them through the process.
The adoptive parents can’t leave the state where the baby was born until they comply with ICPC and the ICPC offices in the sending and the receiving state has cleared the adoptive parents to come home. Clearing ICPC requires submitting several documents (in California this packet can be nearly 50 pages), including affidavits made by attorneys from each state that the state laws have been complied with. Submitting an incomplete packet will delay clearance, leaving the adoptive parents in limbo. Work with an experienced attorney to avoid the stress, delay, and cost of complying with ICPC.
You still have to find both parents (or make every attempt to locate them) in order to do TPR. Once TPR is completed by the court, then you can begin adoption process. If you can't locate the birthparent, you have to show valid attempts at really trying to locate them. A judge won't TPR because you said you can't find them. You have to SHOW PROOF that you really tried - for example, by contacting motor vehicles to get address, putting notices in newspapers, sending certified mail to all known addresses..etc. If a judge isn't 100% convinced that you did everything possible short of going door to door in the state, he will not TPR. He'll tell you to hire a private investigator to find the parents. There is no way to adopt a child without the birthparents finding out about it. You have to locate that birthmother & get her consent or prove that you went through great lengths to locate her. Once she is found, they will try to find out who the birthdad is-and then probably have you post a notice in the newspaper and check the putative father's registry to make sure he has been notified of the adoption. Once you have birthparents consent OR a judge agrees that you made a 100% effort to locate the birthparents & signs TPR, THEN you can file your paperwork to adopt. You can't do it without birthparents consent.
The role of an adoption attorney includes filing the appropriate paperwork to begin, continue, and finish the placement process. Another duty or responsibility of an adoption attorney is to appear with you during adoption proceedings. Your adoption attorney should also help you with completely understanding your state’s specific adoption laws. This is something you’ll want to look for when you begin your adoption attorney search– someone who knows the applicable regulations and laws and how they will apply and affect you.
Stepparent Adoption – Stepparents who adopt a spouse’s child often solidify pre-existing bonds, and engage in a legal process that provides them and the child with legal rights, including the same parental rights as if they were the child’s biological parent and the child’s right to inherit from the stepparent, among others. Our legal team can assist stepparents looking to adopt a child with only one living biological parent, or when the other biological parent consents or objects to the adoption.
It is important to note that the information on this page, or on any page at RapidAdoption.com is provided under the agreement that you understand that neither they nor I are a law firm. Therefore, we do not give legal advice. The information shared is common knowledge in the adoption industry. If you need legal advice, consult an authorized legal professional.