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.

The adoption of a child should be one of the most joyful moments of your life. Often, however, the process can be one filled with stress and anxiety, as you work to make certain you have correctly completed all the paperwork and have taken all the steps to safely and permanently bring the child into your home. When you want to minimize the emotional challenges involved with adoption, having an experienced and competent attorney by your side can be critical.
Handling Challenges – Although adoption is in every way a heart-warming decision and tremendous benefit for children, it is not always the easiest legal process. That’s due to numerous requirements established by the court, as well as complex laws, extensive paperwork, and the potential for disputes or challenges, including those involving biological parents who contest an adoption. Having an attorney by your side can help ensure you take the proper steps, have the support to resolve challenges as they arise, and prepare for all that’s required of you from any agency or court.

Explore your eligibility to adopt a child. There is not a constitutional right to adopt a child.[2] 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.
Adopting a child or baby is a big decision, and it’s one that needs to be done right. Hiring a family lawyer that provides services in this sector of law can help give a person confidence they are doing everything right. For those who are thinking about hiring a lawyer for adoption in West Virginia, there are a few things they should consider. Being informed and knowing what this legal professional has to offer is the best way to know if they should be hired.
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.

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.


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.
Future Focused – Adopting a child is a major life event, and one that will impact the lives of families and children for the foreseeable future. Even when a case is not contested or considered complicated, the process itself can be challenging. Ensuring all issues are promptly and correctly addressed is essential to establishing the legal parent-child relationship you have for the rest of your life, and to avoiding the possibility of complications arising in the future.

Adopting a child or baby is a big decision, and it’s one that needs to be done right. Hiring a family lawyer that provides services in this sector of law can help give a person confidence they are doing everything right. For those who are thinking about hiring a lawyer for adoption in West Virginia, there are a few things they should consider. Being informed and knowing what this legal professional has to offer is the best way to know if they should be hired.


Adoption attorneys or adoption law firms are best for prospective birth mothers who have already identified an adoptive family and who feel they don’t need much adoption counseling and support. It is important to carefully consider the resources and services you’d like to have available before choosing an adoption attorney as your adoption professional.
While you may work with social workers, Internet consultants, and other professionals throughout your adoption, your attorney will by your legal guide throughout your adoption process. Because you will be placing a great amount of trust in their legal expertise and guidance, you need to make sure you choose the right attorney for your type of adoption. No one can tell you whom to choose. If you have done your research, understand what an attorney can and cannot do in your state, checked their licensing, experience and consumer rating with adoptive parents, and consulted with local adoption professionals (such as social workers, homestudy providers and counselors) you will just get the “feeling” this is the right person to help you build your family.
Finalization is the legal process which transfers custody of the child from the adoption agency, county, or state to the adoptive parents. In a court hearing, an attorney represents the family and presents the case to the judge, resulting in the adoption decree. This is the moment when the adoptee becomes the permanent, legally adopted child of the adoptive parents. This process cannot occur until the adoptive parents have had the child in their home for the time determined by state statute, usually at least 6 months.
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.


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).

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.
×