Decide who you want to handle the legal side of your adoption. In a private adoption, the birth parents transfer their rights directly to the adoptive parents rather than the state or an adoption agency. However, the adoption is still governed by state law and there are many legal procedures and requirements you must meet for the adoption to be granted. Most adoptive parents work with an attorney to guide them through the process.
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.
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.
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.
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.[9] 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.[10]
Actually from what I gather it is quite easy [sometimes] to adopt and a birthparent never even know. This is particularly true with birth fathers. In our adoption case (with my now adopted son) the absent birth parent was willing to sign and so it was quite easy. I have heard of many cases though in my research down the adoption path where the adoptive parents did searches with the OAG, DMV (as mentioned), used paid internet investigator searches, and even hired PI's then presented the evidence to the court and had the TPR signed. The truth is that none of those routes yield astounding results necessarily. I don't agree that the birth parents (the fathers in particular because these are the ones that it usually happens to) are being treated fairly but it does happen. Hmm, I guess they aren't really being treated badly they are just not being found. Maybe they don't even know? And, of course the cases I'm aware of are dealing primarily with step-adoption because this is what I'm familiar with being that it was my situation. Judges are far more leniant in these cases I imagine because at least one biological parent is present. I don't know for sure but it would be my guess.

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.


Actually from what I gather it is quite easy [sometimes] to adopt and a birthparent never even know. This is particularly true with birth fathers. In our adoption case (with my now adopted son) the absent birth parent was willing to sign and so it was quite easy. I have heard of many cases though in my research down the adoption path where the adoptive parents did searches with the OAG, DMV (as mentioned), used paid internet investigator searches, and even hired PI's then presented the evidence to the court and had the TPR signed. The truth is that none of those routes yield astounding results necessarily. I don't agree that the birth parents (the fathers in particular because these are the ones that it usually happens to) are being treated fairly but it does happen. Hmm, I guess they aren't really being treated badly they are just not being found. Maybe they don't even know? And, of course the cases I'm aware of are dealing primarily with step-adoption because this is what I'm familiar with being that it was my situation. Judges are far more leniant in these cases I imagine because at least one biological parent is present. I don't know for sure but it would be my guess.
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.
5. WHAT ARE THE COSTS OF THE ADOPTION? – You will want to know who helps guide you in appropriate adoption fees, what is legal and what is paid to whom and when. For the attorney specifically: How do they bill? Do they have a consultation fee, a retainer, a set rate or do they bill by the hour? You should have an estimated adoption budget before you begin the process, and know what part is for legal fees.
At GoransonBain Ausley, we can help your family by developing a legal strategy that meets your personal goals. Our team is well-versed in local and international law, as well as regulations in other states that may affect your adoption. Every aspect of family law is emotional, but bringing new families together is a joy that each member of our staff relishes.
At GoransonBain Ausley, we can help your family by developing a legal strategy that meets your personal goals. Our team is well-versed in local and international law, as well as regulations in other states that may affect your adoption. Every aspect of family law is emotional, but bringing new families together is a joy that each member of our staff relishes.
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.
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.

In MO, where I live the legal age of adulthood is 17. Some states it is 17, some 18. If I were you I would check into that. If legal age in your state is 17, I would just wait a few months and do an adult adoption. Then you would not need anyone's consent other than yours, your husband's and your (now adult) daughter. Then you could complete your adoption without stirring up a hornets nest, although if your daughter is interested in meeting her birthparents....this would be the perfect opportunity to make that happen.
I was wondering if anyone has ever attempted to adopt a child without using a lawyer. I have a child, she is almost 16 years old and I've had custody of her since she was 5 1/2 months old. She is not a foster child, she was given to me by her birth mother because she couldn't care for her and she was young. She hasn't seen her birth mother or had any contact since she was 1 year. My husband and I want to adopt her and she wants that to. I need to know what steps to take to do this. The birth father is unknown. I'm not sure where to begin but think it might be with involuntary relinquishment of rights. Does anyone have any help? Thanks in advance.
Adoption lawyers can help you find an adoption agency and file any necessary paperwork. They will also represent you in court if necessary. Lawyers will help you prepare for hearings if you need to state your case verbally in court. Some common problems include the birth parents trying to extort the adoptive parents or the birth parents change their minds. If there are any sort of legal complications, you’ll want to have an attorney on your side.
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.
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