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.


You mentioned PA... so Im guessing thats where you are (Im in PA as well). We are adopting a child from foster care and recently went to the lawyer's office. The first step the lawyer told us about the process was to file an "intent to adopt" letter with the court. It was a formal letter that had detailed information about the child, us, bios, etc. Additionally, attached to the letter of intent had to be a copy of our child abuse clearances and a homestudy. Based on how the lawyer walked us through the paperwork, the clearances and homestudy was a must (not just b/c of foster care). He did explain all the law references to us that were in the letter, but I don't have a copy of the intent letter yet that he was filing. (It was a rough draft that we were going over). I really think you will need a lawyer. If you still want to try to do it without one, call the local court and find out what papers you need to submit to request an adoption.
There are three types of non-agency adoptions: adult adoptions, stepparent adoptions and parental placement adoptions. Adult adoptions typically do not result in the conflict and controversy that can be created in the latter two types of adoptions. The rights of the biological parents are implicated in both stepparent adoptions and parental placement adoptions. If these types are done with the consent of the biological parents then their parental rights must be terminated before the child can be placed with the adoptive family. Further, in almost all parental placement adoptions, an investigation must be completed as regards the child’s biological parents, the prospective adoptive parent(s) and the home situation of the child. There may be hearings as well to determine the best interests of the child in both stepparent and parental placement adoptions. There can even be a full trial where there are disputes over parental rights, the best interest of the child and/or the qualifications of the adoptive parents. Above all else in an adoption, the entire process is governed by a quest for determining the best interests of the child.
A judge's role in the adoption process is to make any needed changes in the child's legal status. While a waiting child is in foster care, the child's case is usually reviewed periodically in court, to determine whether the goal should be reunification with the birth family or adoption. If the goal is changed, it must be done by a judge. A family court judge will make the decision to terminate parental rights of the birthparents and will preside over the finalization hearing and issue the adoption decree.
They may not be available when you need them most, as attorneys are typically busy with other cases. Many large adoption agencies provide 24/7 counseling and support and have large staffs available to work closely with expectant mothers throughout the adoption process. You may not receive these services if you choose to work with a local attorney to pursue an independent adoption.
You should expect to end the process with a child who is a legal member of your family. The entire adoption can take up to 5 years including waiting periods, but it’ll take less time depending on your case. If there are any legal complications or you don’t pass some of the qualifying examinations, the process could take longer. An adoption attorney can guide you through this and potentially expedite the process by knowing who to talk to and what paperwork to file.
The law limits the amount of time a child may stay in foster care by establishing shorter timelines for determining when she or he must have a plan for permanency. The law states that permanency court hearings must be held for children no later than 12 months after they enter foster care and the law also states that termination of parental rights proceedings must begin for any child who has been in the care of a state agency for 15 out of the most recent 22 months. Exceptions may be made to this requirement if the child is in the care of a relative or for other compelling reasons.
Explore your eligibility to adopt a child. There is not a constitutional right to adopt a child.[2] As a result, all adoption rights, procedures, and requirements are governed by state statutes with some guidance from the federal government. In general, under current state laws, any single adult or married couple is eligible to adopt if they meet certain criteria.
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.
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.
It is important to note that the information on this page, or on any page at RapidAdoption.com is provided under the agreement that you understand that neither they nor I are a law firm. Therefore, we do not give legal advice. The information shared is common knowledge in the adoption industry. If you need legal advice, consult an authorized legal professional.
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