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.
Each state in the United States and each province in Canada has a special department which deals with the affairs of children, youth and families, including child adoption. Some counties have a similar department. These departments go by many different names, and may be a part of the state's department of social services or human services. They provide services, case management, and permanency planning for children who wait in foster care. Some also approve families for adoption.
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.
Attorney adoption fees vary by state, experience, and time frame. It all really depends on which adoption attorney you choose. It can range from a few hundred dollars to a few thousand. There isn’t one set rate, so it is important to consider multiple adoption attorneys before you settle on one. Remember that you don’t have to work with the first adoption attorney you come across. Explore your options so that you can be confident and comfortable in your final decision.
There are many methods available for finding an adoption attorney that is best for your specific situation. If you know of anyone who has been in a similar situation, ask him or her for referrals and contact information for the adoption attorney he or she used. You can also contact local adoption agencies. They should have a list of adoption attorneys they’ve worked with before. Consider joining and actively participating in a support group. This is another great way to receive contact information or adoption attorney referrals. And one of the easiest ways to receive contact information is through our professional directory. Your search can be state-specific and professional type-specific.
An open adoption agreement spells out the terms of the contact between the parties in an open adoption. An open adoption agreement can specify frequency and manner of contact between adoptive and birth families, and/or between siblings placed separately. However, while it may be drawn up in the form of a contract and signed by both parties, it is not legally binding.
A judge's role in the adoption process is to make any needed changes in the child's legal status. While a waiting child is in foster care, the child's case is usually reviewed periodically in court, to determine whether the goal should be reunification with the birth family or adoption. If the goal is changed, it must be done by a judge. A family court judge will make the decision to terminate parental rights of the birthparents and will preside over the finalization hearing and issue the adoption decree.
The process is detailed and tedious. While an attorney is not required, it’s recommended. It could take longer and complications may occur if there is not attorney involved. Many people are not aware of the complications of the process until it’s too late. You should always err on the side of caution with the adoption process. It’s an emotional decision and not everyone can handle the logical aspects of the process effectively when emotions are involved. Prospective parents may find some useful information to help with the process online.
Thank you for all your help. I do have one adopted child and that was private and we used a lawyer. I do know about trying to find the mother and I am in touch with the birth mothers father ( the child's grandfather) He told me she moves around alot and goes from state to state and friends to friends and that she never leaves an address or phone number. Since the father is unknown and the birth mother originally told me he died ( not sure if that's true) what will happen with that? My husband still wants to try and do this without a lawyer. We have all the papers from our local courthouse but just need to know the order in which to do them. I'm not sure we will be required to have a home study, my husband is reading up on the laws in PA a little each evening but this takes time and patience.
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.
You should expect to end the process with a child who is a legal member of your family. The entire adoption can take up to 5 years including waiting periods, but it’ll take less time depending on your case. If there are any legal complications or you don’t pass some of the qualifying examinations, the process could take longer. An adoption attorney can guide you through this and potentially expedite the process by knowing who to talk to and what paperwork to file.