The Interstate Compact on the Placement of Children (ICPC) applies in any adoption when a baby is going to cross state lines. How long an adoptive family stays in the state of birth after the birth is entirely dependent on how quickly ICPC clears them to leave the state. Travel and lodging can be a very expensive aspect of an interstate adoption. An experienced adoption attorney should be able to get clearance within 3 to 5 business days after the birth mother has signed her consent paperwork.
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 law limits the amount of time a child may stay in foster care by establishing shorter timelines for determining when she or he must have a plan for permanency. The law states that permanency court hearings must be held for children no later than 12 months after they enter foster care and the law also states that termination of parental rights proceedings must begin for any child who has been in the care of a state agency for 15 out of the most recent 22 months. Exceptions may be made to this requirement if the child is in the care of a relative or for other compelling reasons.
3. PROFESSIONAL LICENSING AND CONSUMER RATING – Check if they are licensed in your state. You can also look at www.adoptionattorneys.org which lists attorneys who have been vetted by the American Academy of Adoption Attorneys and have a minimum amount of related adoption experience. Find a local adoptive parent group and talk to adoptive parents about whom they used and if they were satisfied with the legal services they received.
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.
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