If you choose an adoption attorney as your primary adoption professional, this is considered an independent adoption. In many independent adoptions, the birth parents and adoptive family find each other independently of an adoption professional’s screening and matching services. In some states, adoption lawyers are not legally allowed to perform these screening and matching services.
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.
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.

Step-by-Step Guidance – Working with an adoption attorney provides you with the guidance of professionals who understand the process, eligibility requirements, and legal proceedings involved. With assistance through every step of the process, you can ensure you take the right steps to meet qualifications, prepare for various interviews or evaluations, and handle the necessary work to finalize an adoption successfully.
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.
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.
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.

Court Familiarity – Adoption lawyers have the experience needed to navigate family court proceedings. For individuals looking to adopt a step-child, grandchild, or relative, for example, a formal petition will need to be filed and the parental rights of biological parents terminated. In addition to helping complete petitions and advocate for your rights, adoption lawyers can also address other legal matters involved – including eligibility, discrepancies between jurisdictions or adoption agencies, parental disputes, and more.
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.
Each state makes its own laws in the area of adoption, according to state statute. While some federal laws do apply, practices and policies can vary widely from one state to another or even from one county to the next. To learn about laws specific to your state or jurisdiction, visit the website of the Child Welfare Information Gateway, at http://www.childwelfare.gov/systemwide/laws_policies/ or contact your county's Department of Children and Youth.
Many adoption attorneys have flat fee services for simple issues like document drafting, review, and filing. For more complex issues like talking to an adoptions agency or going to court, most lawyers charge an hourly rate. Rates will vary depending on the complexity of your issue and where in the country you live, so negotiate a rate up front with your attorney to avoid costly surprises.
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