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.
The cost of an adoption lawyer is a big concern for many people. In most cases, the attorney charges a flat rate for simple cases. However, for more complex situations, then they will likely charge an hourly rate. Keep in mind, this is something that is typically based on the situation, so it is best to discuss the charges for the case with an attorney before hiring them. This is how a person can be sure they have found the right lawyer for their case and situation.
Over the years, our attorneys at Coker, Robb & Cannon, Family Lawyers have helped numerous clients make their adoptions dreams a reality, and we take great pride in helping families establish life-long bonds. We proudly serve individuals and families throughout Collin County, Denton County, and the surrounding areas of Texas, and invite you to request an initial consultation by calling (940) 293-2313 or contacting us online.
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.
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.[9] 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.[10]
A child is not an asset like a house that gets willed to whoever you choose. In these situations, a court and/or child services will protect the child's rights and well being, if there are no legal guardians. If the child's mother has died, you are still one of the two legal guardians. If your mother becomes the second, that doesn't mean you stop being a legal guardian. If your mother then dies, you are still a legal guardian. The two slots do not have to be filled, one is enough. If you are stripped from your parental rights, your mother adopts, then dies, then the court will decide. If she wills that you again become a legal guardian, that does not undo the stripping of your rights.
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).
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.
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.
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.
Each state makes its own laws in the area of adoption, according to state statute. While some federal laws do apply, practices and policies can vary widely from one state to another or even from one county to the next. To learn about laws specific to your state or jurisdiction, visit the website of the Child Welfare Information Gateway, at http://www.childwelfare.gov/systemwide/laws_policies/ or contact your county's Department of Children and Youth.
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.
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.
2. PRIOR EXPERIENCE – Ask if they have done the type of adoption you are choosing (i.e.domestic interstate adoption, specific intercountry adoption, working with singles, etc.). How many have they done and how recently (i.e., intercountry adoption changes in 2014 may not be known by immigration attorneys without current adoption experience)? You want an attorney knowledgeable and up-to-date with the type of adoption process you are starting.
Home visit: Expect a home visit from a DFPS caseworker to review your personal history, lifestyle, experience caring for children and many other factors designed to determine whether you are an appropriate candidate for adoption. Each member of your household, including other children, will be interviewed, so that a complete picture of the prospective family unit can be developed.
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.
5. WHAT ARE THE COSTS OF THE ADOPTION? – You will want to know who helps guide you in appropriate adoption fees, what is legal and what is paid to whom and when. For the attorney specifically: How do they bill? Do they have a consultation fee, a retainer, a set rate or do they bill by the hour? You should have an estimated adoption budget before you begin the process, and know what part is for legal fees.
Private Adoption – We assist aspiring parents in adoptions involving relatives, surrogates, and other private channels, and can provide the counsel needed to navigate the process and protect their rights when it comes to filing adoption petitions, surrogacy agreements, termination of parental rights, and compliance matters involving the Interstate Compact on the Placement of Children (ICPC) with out-of-state adoptions.
When my wife and I adopted our son, we were told that we needed to hire multiple attorneys. One to represent the birth mother. One to represent the child. One to represent the birth father. And one to represent us. When we adopted our daughter we needed even more. One for the child. One for the birth mother. One for us. And one for each of the three possible birth fathers! We were outnumbered! Since no agency was involved, the attorney fees, the home study and the court costs were our only expenses. And when it came time to file our income taxes we claimed the adoption tax credit and were reimbursed the entire amount. Both times.  We were fortunate. Adoptions can be, and in most cases are much more expensive.
×