Each state makes its own laws in the area of adoption, according to state statute. While some federal laws do apply, practices and policies can vary widely from one state to another or even from one county to the next. To learn about laws specific to your state or jurisdiction, visit the website of the Child Welfare Information Gateway, at http://www.childwelfare.gov/systemwide/laws_policies/ or contact your county's Department of Children and Youth.
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.
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.
You need to have a lawyer. You can't involuntarily reliquish. Relinquish means your are voluntarily giving up the child. Both parents have to voluntarily relinquish or have involuntary TPR done by a judge in court. The birthparents rights have to be terminated by a judge before you can begin the process to adopt. Usually an adoption agency handles the TPR signing. With an independent adoption, you have to have an attorney. First they will locate the birthmom & have her sign consent. Then they will attempt to locate the birthfather. If they don't know the whereabouts of the birthparents, they will have to make some kind of attempt to locate them. Usually it means sending a certified letter to the last known address, they can contact motor vehicles for address on a driver's license, and/or put a notice in newspapers in the areas where the birthparents might be living. If no one comes forward, the judge will usually TPR the parents based on abandonment and then you can adopt. The judge will need a homestudy since you are adopting a child who is not a relative of yours.
There are such a HUGE number of dads out there that aren't really the bio dad as it is (and fully believe that they are). I read as many as a million or so the other day in an article. It's craziness. The whole issue and all of these paternity issues suck bad for dads all the way around. I think there should be mandatory testing on birth day at the hospital to prove they are the bio dad in the first place. It would clear up so many paternity, adoption, child support, etc... issues.
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.
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.
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.
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.
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.