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.
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.
If you are adopting an infant through private adoption, your attorney will play a larger role, and you will want to take care in selecting the right individual. You may want to read the documents found at: http://www.childwelfare.gov/adoption/adoptive/considerations.cfm. This links to the Child Welfare Information Gateway’s numerous publications on the legal aspects of adoption.
You should get family law counsel to draft and get completed an affidavit of relinquishment of parental rights by the mother. Your attorney then will file a petition for termination and adoption to get her rights terminated, file motions and orders for riminal background checks and home study Your attorney needs to schedule a trial date. Amended birth record paperwork is done. An attorney under the facts described should be able to do your case in range of $2,500 to $3,500. Court costs are filing fee, social study, criminal background check and Vital Statistics birth record amendment. A termination-adoption needs to be done correctly for the child's sake.
Because of the complexities of the adoption process and the potential for negative consequences, it is not recommended that you attempt to do an adoption pro se. Even a consent adoption within the family, for example, an aunt and uncle adopting a nephew with full consent of the birth parents, should still be prepared and shepherded through the court by an attorney.
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.
×