Legally, an adoption is a very complex process. Adoptive parents invest huge amounts of both monetary and emotional capital while engaged in trying to satisfy the legal requirements spelled out in the law. Terminating parental rights can be a very tricky business, both legally and emotionally. If you are considering adoption in the Virginia Beach area, you owe it to yourself and your family to be represented by a skilled family attorney every step of the way. The experienced family attorneys at Shannon & Associates, P.C. have a proven track record of successfully navigating the intricacies of adoption law. Contact them today at 757-228-5529 to set up your initial adoption consultation. Put their experience to work to help you create your new family.
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.
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:
However, this process is quite often a long and arduous process and requires a number of studies and reports to be conducted and submitted to the courts before the court will grant an adoption. The goal of these reports is to establish that an adoption either is or isn’t in the best interest of the child, which is the legal standard for an adoption. These studies generally include:
Once the child has met these eligibility requirements they will be placed for adoption by their natural parent or parents. Subsequently, the adoptive parent or parents, legal guardian, a licensed child-placing agency, or the Department of Protective and Regulatory Services, Texas adoptions will then go through a number of steps. The steps for a legal adoption in Dallas, Texas generally go as follows:
The process is detailed. If you don’t adhere to every particular in the process, you may get a rejected application, and you’ll incur added expenses. Most adoptive families do not have money to waste on unnecessary fees. Therefore, you need someone who will get it right the first time. Furthermore, adoption law differs from state-to-state. If you’re adopting in a state outside of your home, the laws could be different from what you expect. It’s better to hire an attorney.
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.
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.
The adoptive parents can’t leave the state where the baby was born until they comply with ICPC and the ICPC offices in the sending and the receiving state has cleared the adoptive parents to come home. Clearing ICPC requires submitting several documents (in California this packet can be nearly 50 pages), including affidavits made by attorneys from each state that the state laws have been complied with. Submitting an incomplete packet will delay clearance, leaving the adoptive parents in limbo. Work with an experienced attorney to avoid the stress, delay, and cost of complying with ICPC.
An adoption attorney is a lawyer who either solely focuses on adoption-related cases or who takes on adoption clients alongside his or her other non-adoption-related clients. If you feel more comfortable with an adoption attorney who only works with adoption, that is perfectly fine. It is important that you feel comfortable with whomever you choose to represent you and your child. Keep in mind that there are no additional certifications to be an adoption attorney. It is simply whether or not the attorney deals with adoption-related cases. However, there are courses or classes available to help attorneys understand adoption laws, regulations, and policies.
Once all of these steps and reports are complete the court will evaluate all of the information provided in an effort to determine what is best for the child. The judge will make this decision after hearing the testimony of involved parties, examining the required reports and studies and then applying the law that applies to your particular situation.
Because our firm prioritizes personalized service and wants to provide the highest quality representation possible, we ask that prospective parents take the time to complete our adoption questionnaire form prior to an initial consultation. This can help us get the information we need to better understand your situation and options (all of which is confidential), and begin the process as swiftly as possible.
Throughout this process, remember that your adoption attorney is there to help, assist, and guide you. He or she should know of all your state’s adoption laws, rules, and regulations. Working with an adoption attorney is a great way to progress through the placement process because of the step-by-step and hands-on help that your adoption attorney should offer. Make use of the resources around you as you explore your options.
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.
Future Focused – Adopting a child is a major life event, and one that will impact the lives of families and children for the foreseeable future. Even when a case is not contested or considered complicated, the process itself can be challenging. Ensuring all issues are promptly and correctly addressed is essential to establishing the legal parent-child relationship you have for the rest of your life, and to avoiding the possibility of complications arising in the future.
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.