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.
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.
Training: Texas provides a 35-hour Parent Resource Information Development Education (PRIDE) course providing instruction regarding basic child care, along with specific considerations that for each prospective adoptive parent. Prospective adoptive parents will also participate in three additional training and certification programs outside of the PRIDE program, each designed to further educate the adoptive parents regarding meeting the needs of their adoptive child.
Personalized Service – For many parents, especially those who work with adoption agencies, legal challenges are only half the battle. This is why it becomes critical to work with professionals who take the time to personally understand your situation, needs, and goals and who are committed to advocating on your behalf at all stages of the process. Our attorneys place an emphasis on personalized service and support, and draw from not only our legal experience with adoptions, but also our understanding of this major life event. Clients who work with us receive the personalized service they deserve.
The laws of the state in which the child was adopted determine who has access to the original birth certificate or other adoption records, and whether those records are sealed (unavailable). For information about the law in each of the 50 states and the District of Columbia, see the: http://www.childwelfare.gov/adoption/. This links to the Child Welfare Information League’s numerous publications on the legal aspects of adoption.
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).
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.
Explore your eligibility to adopt a child. There is not a constitutional right to adopt a child. 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.
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.
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.
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.
The Interstate Compact on the Placement of Children (ICPC) applies in any adoption when a baby is going to cross state lines. How long an adoptive family stays in the state of birth after the birth is entirely dependent on how quickly ICPC clears them to leave the state. Travel and lodging can be a very expensive aspect of an interstate adoption. An experienced adoption attorney should be able to get clearance within 3 to 5 business days after the birth mother has signed her consent paperwork.
At Bailey & Galyen, we have been protecting the rights of individuals and families throughout Texas for years. We understand the intense emotions involved in the adoption process and are committed to providing a high level of person attention and service throughout the process. We work hard to be available whenever you need to talk with us, listening carefully to your questions and concerns. We will always keep you fully apprised of any developments in your case, as well as your options moving forward, so that we can minimize the stress and anxiety that comes with uncertainty.
They may not provide matching services. You may need to work with another adoption professional, such as an adoption agency, to be matched with a waiting adoptive family. Alternatively, you may need to independently identify an adoptive family that you would like to pursue an adoption plan with. This can potentially limit the number of families you have to choose from. In addition, there are other services your attorney may not be able to provide throughout the adoption process, such as counseling and support. If adoption counseling is offered, it is normally through an unlicensed paralegal with little adoption counseling experience. The attorney also will not usually be able to keep up with post-adoption agreements, such as receiving pictures and letters, whereas adoption agencies often have programs in place to coordinate these services.