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. 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.
To claim your adopted child or teenager as a dependent for tax purposes, he or she must have a social security number. If your child already has a number when he or she is adopted, you may either keep the same number or have a new number assigned. If your child is receiving Social Security benefits, Supplemental Security Income payments, or if the child has worked, the Social Security Administration will not assign a new number, but will update the child's record. In any case, you will need to contact the Social Security Administration to be sure the number is registered correctly, reflecting you as the child's parent. To find the nearest local office, visit the Social Security Administration website at www.ssa.gov.
Adoption may be a new process for you. Since it is a legal process, you will need an attorney to guide you and ensure that the adoption meets all state laws and regulations. In some states, an attorney is needed from the start of the process (i.e., in New York State adoptive parents must be Pre-Certified through their local court prior to taking custody of a child). All adoptions need an attorney to finalize the parent-child relationship through the court.
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.
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.
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.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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.
Many adoption attorneys have flat fee services for simple issues like document drafting, review, and filing. For more complex issues like talking to an adoptions agency or going to court, most lawyers charge an hourly rate. Rates will vary depending on the complexity of your issue and where in the country you live, so negotiate a rate up front with your attorney to avoid costly surprises.