Training: Texas provides a 35-hour Parent Resource Information Development Education (PRIDE) course providing instruction regarding basic child care, along with specific considerations that for each prospective adoptive parent. Prospective adoptive parents will also participate in three additional training and certification programs outside of the PRIDE program, each designed to further educate the adoptive parents regarding meeting the needs of their adoptive child.
An adoption is a happy time in the life of the adopting family and in the life of the child being adopted. However, adoption is a complex and intricate area of family law. Adoption in Virginia is solely the product of statutory law and therefore compliance with all of the statutory requirements is a must to make the process proceed as seamlessly as possible. Adoptions can be stressful even at the best of times because of the legal hoops an adopting family must jump through even when an adoption is not contested. When there is conflict in an adoption, the stress levels can go through the roof. For these reasons, adoption is an area of law where it is almost always recommended that a skilled and experienced family attorney be involved.
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.
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.
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).
I was wondering if anyone has ever attempted to adopt a child without using a lawyer. I have a child, she is almost 16 years old and I've had custody of her since she was 5 1/2 months old. She is not a foster child, she was given to me by her birth mother because she couldn't care for her and she was young. She hasn't seen her birth mother or had any contact since she was 1 year. My husband and I want to adopt her and she wants that to. I need to know what steps to take to do this. The birth father is unknown. I'm not sure where to begin but think it might be with involuntary relinquishment of rights. Does anyone have any help? Thanks in advance.
Megan Cohen is an adoption and assisted reproductive technology attorney. She is the owner of Family Formation Law Offices in Lafayette, California representing birth parents, adopting parents, intended parents, surrogates, and gamete donors. She serves on the board of the birthmother-focused On Your Feet Foundation of Northern California. She is also a birth mother. Vist her website www.helpwithadoption.com.
Handling Challenges – Although adoption is in every way a heart-warming decision and tremendous benefit for children, it is not always the easiest legal process. That’s due to numerous requirements established by the court, as well as complex laws, extensive paperwork, and the potential for disputes or challenges, including those involving biological parents who contest an adoption. Having an attorney by your side can help ensure you take the proper steps, have the support to resolve challenges as they arise, and prepare for all that’s required of you from any agency or court.
Because of the complexities of the adoption process and the potential for negative consequences, it is not recommended that you attempt to do an adoption pro se. Even a consent adoption within the family, for example, an aunt and uncle adopting a nephew with full consent of the birth parents, should still be prepared and shepherded through the court by an attorney.
If you are adopting an infant through private adoption, your attorney will play a larger role, and you will want to take care in selecting the right individual. You may want to read the documents found at: http://www.childwelfare.gov/adoption/adoptive/considerations.cfm. This links to the Child Welfare Information Gateway’s numerous publications on the legal aspects of adoption.
Adoption may be a new process for you. Since it is a legal process, you will need an attorney to guide you and ensure that the adoption meets all state laws and regulations. In some states, an attorney is needed from the start of the process (i.e., in New York State adoptive parents must be Pre-Certified through their local court prior to taking custody of a child). All adoptions need an attorney to finalize the parent-child relationship through the court.
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.
Training: Texas provides a 35-hour Parent Resource Information Development Education (PRIDE) course providing instruction regarding basic child care, along with specific considerations that for each prospective adoptive parent. Prospective adoptive parents will also participate in three additional training and certification programs outside of the PRIDE program, each designed to further educate the adoptive parents regarding meeting the needs of their adoptive child.
5. WHAT ARE THE COSTS OF THE ADOPTION? – You will want to know who helps guide you in appropriate adoption fees, what is legal and what is paid to whom and when. For the attorney specifically: How do they bill? Do they have a consultation fee, a retainer, a set rate or do they bill by the hour? You should have an estimated adoption budget before you begin the process, and know what part is for legal fees.
From your post, it sounds like you want to do a private adoption without the birthparents involvement. Unfortunately, it's not possible to go around the birthparents' rights. They have to be notified of your intention to adopt & you have to have their consent. And like I said, if you want to go the "I can't find them" route, it has to be an honest "I hired a private investigator and here is everything we've done" kind of situation. You have to convince a judge (who doesn't terminate parental rights on a whim) that you did everything humanly possible to contact that birthmom
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.
The process is detailed. If you don’t adhere to every particular in the process, you may get a rejected application, and you’ll incur added expenses. Most adoptive families do not have money to waste on unnecessary fees. Therefore, you need someone who will get it right the first time. Furthermore, adoption law differs from state-to-state. If you’re adopting in a state outside of your home, the laws could be different from what you expect. It’s better to hire an attorney.

They may not be available when you need them most, as attorneys are typically busy with other cases. Many large adoption agencies provide 24/7 counseling and support and have large staffs available to work closely with expectant mothers throughout the adoption process. You may not receive these services if you choose to work with a local attorney to pursue an independent adoption.
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