Copyright 2019 Rocket Lawyer Incorporated. Rocket Lawyer provides information and software only. Rocket Lawyer is not a "lawyer referral service" and does not provide legal advice or participate in any legal representation. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. Use of Rocket Lawyer is subject to our Terms of Service and Privacy Policy.
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 mentioned PA... so Im guessing thats where you are (Im in PA as well). We are adopting a child from foster care and recently went to the lawyer's office. The first step the lawyer told us about the process was to file an "intent to adopt" letter with the court. It was a formal letter that had detailed information about the child, us, bios, etc. Additionally, attached to the letter of intent had to be a copy of our child abuse clearances and a homestudy. Based on how the lawyer walked us through the paperwork, the clearances and homestudy was a must (not just b/c of foster care). He did explain all the law references to us that were in the letter, but I don't have a copy of the intent letter yet that he was filing. (It was a rough draft that we were going over). I really think you will need a lawyer. If you still want to try to do it without one, call the local court and find out what papers you need to submit to request an adoption.
Adopting a child or children is one of the most loving things a family can do. Adoption creates new families and provides children with a loving and nurturing home. At Queenan law, our Dallas, Texas adoption attorneys provide comprehensive legal services in all types of adoptive placements, private or agency, open or closed, domestic, interstate, and international.
Handling Challenges – Although adoption is in every way a heart-warming decision and tremendous benefit for children, it is not always the easiest legal process. That’s due to numerous requirements established by the court, as well as complex laws, extensive paperwork, and the potential for disputes or challenges, including those involving biological parents who contest an adoption. Having an attorney by your side can help ensure you take the proper steps, have the support to resolve challenges as they arise, and prepare for all that’s required of you from any agency or court.
Explore your eligibility to adopt a child. There is not a constitutional right to adopt a child.[2] 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.
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.
The finalization hearing, sometimes held in the judge's chambers, usually lasts less than an hour, and is attended by the adoptive parents, the child, the family's attorney, and a social worker from the child's agency. The judge may review the family's homestudy, ask questions, and generally attempt to ensure that the child is being placed in a safe, loving home.
They may not be available when you need them most, as attorneys are typically busy with other cases. Many large adoption agencies provide 24/7 counseling and support and have large staffs available to work closely with expectant mothers throughout the adoption process. You may not receive these services if you choose to work with a local attorney to pursue an independent adoption.
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:
There are many methods available for finding an adoption attorney that is best for your specific situation. If you know of anyone who has been in a similar situation, ask him or her for referrals and contact information for the adoption attorney he or she used. You can also contact local adoption agencies. They should have a list of adoption attorneys they’ve worked with before. Consider joining and actively participating in a support group. This is another great way to receive contact information or adoption attorney referrals. And one of the easiest ways to receive contact information is through our professional directory. Your search can be state-specific and professional type-specific.
There are certain people who may be ineligible to adopt a child based on a variety of factors. If a potential parent has a criminal record of a certain type then they may be precluded from adopting a child. In addition, if the potential parent or parents have a record of abuse of violence in their past, they may also be precluded from adopting a child. The process of adopting a child is incredibly complex and intricate and it cannot be stressed enough that before going through these proceedings you should contact an experienced attorney to be by your side.
From exploring your available options and addressing disputes or challenges that arise to ensuring your rights and interests are protected through finalization hearings, Coker, Robb & Cannon, Family Lawyers can provide the step-by-step guidance to make your adoption experience a success. This includes facilitating a formal termination of parental rights (voluntary or otherwise), compiling the necessary documentation and legal work, meeting requirements and preparing for various studies and reports, and ensuring the best interests of a child are met. Although circumstances may vary, the adoption process can take months to complete, which is why having the support of caring and compassionate attorneys experienced in these matters can make all the difference.
There are many methods available for finding an adoption attorney that is best for your specific situation. If you know of anyone who has been in a similar situation, ask him or her for referrals and contact information for the adoption attorney he or she used. You can also contact local adoption agencies. They should have a list of adoption attorneys they’ve worked with before. Consider joining and actively participating in a support group. This is another great way to receive contact information or adoption attorney referrals. And one of the easiest ways to receive contact information is through our professional directory. Your search can be state-specific and professional type-specific.
We talked with Widrig Law PLLC about using lawyers during the process, and they explained, “Many adoption attorneys will offer a flat fee service. The fee may include document drafting, reviewing, and filing. When the issues are more complex, attorneys will charge by the hour. The rates will vary depending on the complexity of your issue and also based upon the country in which you’re located. You should negotiate the rate up front to avoid any adverse issues later.”

You mentioned PA... so Im guessing thats where you are (Im in PA as well). We are adopting a child from foster care and recently went to the lawyer's office. The first step the lawyer told us about the process was to file an "intent to adopt" letter with the court. It was a formal letter that had detailed information about the child, us, bios, etc. Additionally, attached to the letter of intent had to be a copy of our child abuse clearances and a homestudy. Based on how the lawyer walked us through the paperwork, the clearances and homestudy was a must (not just b/c of foster care). He did explain all the law references to us that were in the letter, but I don't have a copy of the intent letter yet that he was filing. (It was a rough draft that we were going over). I really think you will need a lawyer. If you still want to try to do it without one, call the local court and find out what papers you need to submit to request an adoption.
From your post, it sounds like you want to do a private adoption without the birthparents involvement. Unfortunately, it's not possible to go around the birthparents' rights. They have to be notified of your intention to adopt & you have to have their consent. And like I said, if you want to go the "I can't find them" route, it has to be an honest "I hired a private investigator and here is everything we've done" kind of situation. You have to convince a judge (who doesn't terminate parental rights on a whim) that you did everything humanly possible to contact that birthmom
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.
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.
×