A private adoption where the adoptive parents and the birth mother have not agreed beforehand can cost over $20,000. Before you make the financial and emotional investment in the adoption, you want an attorney who is familiar with all federal, state, and local laws and procedures. Depending on your location, expect to pay $100 to $200 per hour for skilled legal assistance.
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.
Court Familiarity – Adoption lawyers have the experience needed to navigate family court proceedings. For individuals looking to adopt a step-child, grandchild, or relative, for example, a formal petition will need to be filed and the parental rights of biological parents terminated. In addition to helping complete petitions and advocate for your rights, adoption lawyers can also address other legal matters involved – including eligibility, discrepancies between jurisdictions or adoption agencies, parental disputes, and more.
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.
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.
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.
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.
3. PROFESSIONAL LICENSING AND CONSUMER RATING – Check if they are licensed in your state. You can also look at www.adoptionattorneys.org which lists attorneys who have been vetted by the American Academy of Adoption Attorneys and have a minimum amount of related adoption experience. Find a local adoptive parent group and talk to adoptive parents about whom they used and if they were satisfied with the legal services they received.
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.
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.
Texas adoption laws allow almost any adult who is over the age of 18 to adopt a child, although in some cases the child may need to consent to the adoption. In addition to being over the age of 18, a person or family who is interested in adopting a child will need to demonstrate that they will be able to provide for the child and meet the child’s best interests. Under Texas Family law, a person is not required to be married in order to adopt a child. However, at times it can seem that adopting a child as a single parent is more complex, that is why you should consider working with an experienced Dallas adoption attorney before you file any paperwork with the court.