To help you on your way there are a few people you will be in contact with. Here we will describe the roles some of these people play. To adopt a waiting child or teenager, you will work primarily with an adoption agency. It is only at the end of the process that you will need an adoption attorney / lawyer, who will prepare the paperwork to be filed and represent you in 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.
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.
Copyright 2019 Rocket Lawyer Incorporated. Rocket Lawyer provides information and software only. Rocket Lawyer is not a "lawyer referral service" and does not provide legal advice or participate in any legal representation. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. Use of Rocket Lawyer is subject to our Terms of Service and Privacy Policy.
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.
There are certain people who may be ineligible to adopt a child based on a variety of factors. If a potential parent has a criminal record of a certain type then they may be precluded from adopting a child. In addition, if the potential parent or parents have a record of abuse of violence in their past, they may also be precluded from adopting a child. The process of adopting a child is incredibly complex and intricate and it cannot be stressed enough that before going through these proceedings you should contact an experienced attorney to be by your side.

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.


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.


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.


During the home study, the child welfare agency will review your case and provide the courts with evidence that you are capable of caring for the child. A lawyer is not required for this stage, but it’s nice to have one available. You’ll be asked to supply copies of your birth certificate, income tax returns, medical report, and marriage licenses. All adoptive parents will need to be fingerprinted.
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.
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.
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.
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.
Each step you complete prior beginning the adoption process prepares you and your family to bring a new child into your home — and helps ensure a seamless integration with your family. These steps are basically the same for families who wish to open their homes to children in need of foster care. Your Dallas family law attorney at GoransonBain Ausley can help guide you through the adoption process.
Private Adoption – We assist aspiring parents in adoptions involving relatives, surrogates, and other private channels, and can provide the counsel needed to navigate the process and protect their rights when it comes to filing adoption petitions, surrogacy agreements, termination of parental rights, and compliance matters involving the Interstate Compact on the Placement of Children (ICPC) with out-of-state adoptions.
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.
Because our firm prioritizes personalized service and wants to provide the highest quality representation possible, we ask that prospective parents take the time to complete our adoption questionnaire form prior to an initial consultation. This can help us get the information we need to better understand your situation and options (all of which is confidential), and begin the process as swiftly as possible.
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.

To help you on your way there are a few people you will be in contact with. Here we will describe the roles some of these people play. To adopt a waiting child or teenager, you will work primarily with an adoption agency. It is only at the end of the process that you will need an adoption attorney / lawyer, who will prepare the paperwork to be filed and represent you in court.


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.


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.
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.
×