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.
Decide who you want to handle the legal side of your adoption. In a private adoption, the birth parents transfer their rights directly to the adoptive parents rather than the state or an adoption agency. However, the adoption is still governed by state law and there are many legal procedures and requirements you must meet for the adoption to be granted. Most adoptive parents work with an attorney to guide them through the process.
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.
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.
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).
Some expectant mothers need help covering expenses. Each state has different laws about what expenses can be covered, who can distribute the funds, and whether the funds must be paid directly to the provider. Failing to follow the laws regarding expectant mother expenses can potentially result in criminal liability. An experienced adoption attorney will know what expenses are permitted, how they can be disbursed, and who can disburse them.
To help you on your way there are a few people you will be in contact with. Here we will describe the roles some of these people play. To adopt a waiting child or teenager, you will work primarily with an adoption agency. It is only at the end of the process that you will need an adoption attorney / lawyer, who will prepare the paperwork to be filed and represent you in court.
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
I was wondering if anyone has ever attempted to adopt a child without using a lawyer. I have a child, she is almost 16 years old and I've had custody of her since she was 5 1/2 months old. She is not a foster child, she was given to me by her birth mother because she couldn't care for her and she was young. She hasn't seen her birth mother or had any contact since she was 1 year. My husband and I want to adopt her and she wants that to. I need to know what steps to take to do this. The birth father is unknown. I'm not sure where to begin but think it might be with involuntary relinquishment of rights. Does anyone have any help? Thanks in advance.
I live in Franklin county and I did go into the courthouse and they did give me the papers needed to start. They said they couldn't tell me what order to do it though. I'm really not trying to "get away" with anything as far as the birth parents go. I have tried several times to get in touch with her through her father and step mother. She also has other children but none are with her and she just disappears for years and no one seems to know what happens to her then she will call or something and talk to her dad but then she's gone again. I do intend to try and find her as that would be easier because I know she wouldn't even blink at signing the papers. The birth father is another problem because of her drug and alcohol use I don't even think she knows who belongs to who and like I said before she told me he died. Also I was wondering if anyone knew if the child being adopted has a say in this matter beyond being wanted to be adopted. I mean at her age, over 14 in PA you have a say about alot at that age. Thank you all for your help and comments :)
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.
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.
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.