Stepparent Adoption – Stepparents who adopt a spouse’s child often solidify pre-existing bonds, and engage in a legal process that provides them and the child with legal rights, including the same parental rights as if they were the child’s biological parent and the child’s right to inherit from the stepparent, among others. Our legal team can assist stepparents looking to adopt a child with only one living biological parent, or when the other biological parent consents or objects to the adoption.
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.
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.
We talked with Widrig Law PLLC about using lawyers during the process, and they explained, “Many adoption attorneys will offer a flat fee service. The fee may include document drafting, reviewing, and filing. When the issues are more complex, attorneys will charge by the hour. The rates will vary depending on the complexity of your issue and also based upon the country in which you’re located. You should negotiate the rate up front to avoid any adverse issues later.”
A child is not an asset like a house that gets willed to whoever you choose. In these situations, a court and/or child services will protect the child's rights and well being, if there are no legal guardians. If the child's mother has died, you are still one of the two legal guardians. If your mother becomes the second, that doesn't mean you stop being a legal guardian. If your mother then dies, you are still a legal guardian. The two slots do not have to be filled, one is enough. If you are stripped from your parental rights, your mother adopts, then dies, then the court will decide. If she wills that you again become a legal guardian, that does not undo the stripping of your rights.

An adoption lawyer will be knowledgeable on state- and country-specific adoption laws and provide guidance based on your situation, whether it be a private adoption, a step parent adoption, or if you’re a same sex couple wanting to adopt. A lawyer can prepare you for any hearings that may be required in the adoption process. In addition, your adoption attorney can represent you in court if there are legal complications, such as the birth parents changing their minds or trying to extort you.
You mentioned PA... so Im guessing thats where you are (Im in PA as well). We are adopting a child from foster care and recently went to the lawyer's office. The first step the lawyer told us about the process was to file an "intent to adopt" letter with the court. It was a formal letter that had detailed information about the child, us, bios, etc. Additionally, attached to the letter of intent had to be a copy of our child abuse clearances and a homestudy. Based on how the lawyer walked us through the paperwork, the clearances and homestudy was a must (not just b/c of foster care). He did explain all the law references to us that were in the letter, but I don't have a copy of the intent letter yet that he was filing. (It was a rough draft that we were going over). I really think you will need a lawyer. If you still want to try to do it without one, call the local court and find out what papers you need to submit to request an 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.
This is a legal process involving a court hearing during which a judge issues a decree that permanently ends all legal parental rights of a birth parent to a child. This must occur before a child is considered to be legally free for adoption. Termination of parental rights can be voluntary or involuntary, that is, with or without the birthparents' agreement. In some states, there is a period during which the birthparent may appeal, if rights have been terminated without his or her consent. The length of that period varies from state to state.
Under Texas law, a child may only have one set of legal parents. In a simple definition, an adoption is a type of legal proceeding in which a parent or parents who are interested in adoption, ask the court to deem them the legal parents of a child. When a potential parent or parents decide to adopt a child and bring them into their home, the process of adoption begins when the child meets legibility factors set forth under Chapter 162 Sections 162.001, 162.501, and 162.504 of the Texas Family Code. The eligibility factors of the child are paraphrased below:

Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
You still have to find both parents (or make every attempt to locate them) in order to do TPR. Once TPR is completed by the court, then you can begin adoption process. If you can't locate the birthparent, you have to show valid attempts at really trying to locate them. A judge won't TPR because you said you can't find them. You have to SHOW PROOF that you really tried - for example, by contacting motor vehicles to get address, putting notices in newspapers, sending certified mail to all known addresses..etc. If a judge isn't 100% convinced that you did everything possible short of going door to door in the state, he will not TPR. He'll tell you to hire a private investigator to find the parents. There is no way to adopt a child without the birthparents finding out about it. You have to locate that birthmother & get her consent or prove that you went through great lengths to locate her. Once she is found, they will try to find out who the birthdad is-and then probably have you post a notice in the newspaper and check the putative father's registry to make sure he has been notified of the adoption. Once you have birthparents consent OR a judge agrees that you made a 100% effort to locate the birthparents & signs TPR, THEN you can file your paperwork to adopt. You can't do it without birthparents consent.

A child is not an asset like a house that gets willed to whoever you choose. In these situations, a court and/or child services will protect the child's rights and well being, if there are no legal guardians. If the child's mother has died, you are still one of the two legal guardians. If your mother becomes the second, that doesn't mean you stop being a legal guardian. If your mother then dies, you are still a legal guardian. The two slots do not have to be filled, one is enough. If you are stripped from your parental rights, your mother adopts, then dies, then the court will decide. If she wills that you again become a legal guardian, that does not undo the stripping of your rights.
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.
Why is RapidAdoption.com so inexpensive compared to lawyers? – When you go to a lawyer, they represent you in court. When you use RapidAdoption.com’s service, you represent yourself. When a lawyer does your adoption case, you would meet with him or his paralegal and fill out an Adoption Questionnaire. That information is given to a paralegal to type up your adoption forms. Then the lawyer would go to court with you and reads off a pre-prepared statement. When you use RapidAdoption.com’s service, you also fill in an Adoption Questionnaire. It is given to paralegals to complete the information on the adoption forms exactly as it appears on the Adoption Questionnaire. Then you simply go to court for 10-12 minutes and read off the same pre-prepared stament. You represent yourself and you don’t have to pay $1500 or more for a lawyer to go to court for 10-12 minutes for you.
×