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.
You need to have a lawyer. You can't involuntarily reliquish. Relinquish means your are voluntarily giving up the child. Both parents have to voluntarily relinquish or have involuntary TPR done by a judge in court. The birthparents rights have to be terminated by a judge before you can begin the process to adopt. Usually an adoption agency handles the TPR signing. With an independent adoption, you have to have an attorney. First they will locate the birthmom & have her sign consent. Then they will attempt to locate the birthfather. If they don't know the whereabouts of the birthparents, they will have to make some kind of attempt to locate them. Usually it means sending a certified letter to the last known address, they can contact motor vehicles for address on a driver's license, and/or put a notice in newspapers in the areas where the birthparents might be living. If no one comes forward, the judge will usually TPR the parents based on abandonment and then you can adopt. The judge will need a homestudy since you are adopting a child who is not a relative of yours.
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.
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.
The Interstate Compact on the Placement of Children (ICPC) applies in any adoption when a baby is going to cross state lines. How long an adoptive family stays in the state of birth after the birth is entirely dependent on how quickly ICPC clears them to leave the state. Travel and lodging can be a very expensive aspect of an interstate adoption. An experienced adoption attorney should be able to get clearance within 3 to 5 business days after the birth mother has signed her consent paperwork.
An open adoption agreement spells out the terms of the contact between the parties in an open adoption. An open adoption agreement can specify frequency and manner of contact between adoptive and birth families, and/or between siblings placed separately. However, while it may be drawn up in the form of a contract and signed by both parties, it is not legally binding.
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.