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).
4. WHO IS FOLLOWING YOUR CASE? – Ask if you will be working with the attorney directly, or if a partner/associate or office staff member will be assigned to your case. What hours are they available? Do they prefer phone calls, emails, texts, etc.? It is important to know who is overseeing your adoption and, if other staff will be involved, who does what and when.
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.
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.
Home visit: Expect a home visit from a DFPS caseworker to review your personal history, lifestyle, experience caring for children and many other factors designed to determine whether you are an appropriate candidate for adoption. Each member of your household, including other children, will be interviewed, so that a complete picture of the prospective family unit can be developed.
Once all of these steps and reports are complete the court will evaluate all of the information provided in an effort to determine what is best for the child. The judge will make this decision after hearing the testimony of involved parties, examining the required reports and studies and then applying the law that applies to your particular situation.
An adoption attorney is a lawyer who either solely focuses on adoption-related cases or who takes on adoption clients alongside his or her other non-adoption-related clients. If you feel more comfortable with an adoption attorney who only works with adoption, that is perfectly fine. It is important that you feel comfortable with whomever you choose to represent you and your child. Keep in mind that there are no additional certifications to be an adoption attorney. It is simply whether or not the attorney deals with adoption-related cases. However, there are courses or classes available to help attorneys understand adoption laws, regulations, and policies.
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.
An acronym for Court Appointed Special Advocate. CASA volunteers are trained community volunteers who speak for the best interests of a child in court. They are assigned by a judge to research an abuse or neglect case, and provide the judge with information to help in making a decision for the child's permanency. To learn more about CASA, visit its website at http://nationalcasa.org.
If you or your family have decided to open up your home and your hearts to adopting a child, then contact our Dallas adoption lawyers today. At Queenan Law, we provide affordable assistance to every client regardless if they are single or married. We understand that the adoption process is complex and we know how devastating it can be if an application for adoption is denied because of a technicality. That is why we urge you to contact us today for a free consultation. With more than 20 years of legal experience representing mothers and fathers throughout the Dallas area, our attorneys are always eager to put our knowledge and skill to work for you.
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.
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.
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.
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.