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.
The laws of the state in which the child was adopted determine who has access to the original birth certificate or other adoption records, and whether those records are sealed (unavailable). For information about the law in each of the 50 states and the District of Columbia, see the: http://www.childwelfare.gov/adoption/. This links to the Child Welfare Information League’s numerous publications on the legal aspects of adoption.
This is a legal process involving a court hearing during which a judge issues a decree that permanently ends all legal parental rights of a birth parent to a child. This must occur before a child is considered to be legally free for adoption. Termination of parental rights can be voluntary or involuntary, that is, with or without the birthparents' agreement. In some states, there is a period during which the birthparent may appeal, if rights have been terminated without his or her consent. The length of that period varies from state to state.
4. WHO IS FOLLOWING YOUR CASE? – Ask if you will be working with the attorney directly, or if a partner/associate or office staff member will be assigned to your case. What hours are they available? Do they prefer phone calls, emails, texts, etc.? It is important to know who is overseeing your adoption and, if other staff will be involved, who does what and when.
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.
Step-by-Step Guidance – Working with an adoption attorney provides you with the guidance of professionals who understand the process, eligibility requirements, and legal proceedings involved. With assistance through every step of the process, you can ensure you take the right steps to meet qualifications, prepare for various interviews or evaluations, and handle the necessary work to finalize an adoption successfully.
Each state in the United States and each province in Canada has a special department which deals with the affairs of children, youth and families, including child adoption. Some counties have a similar department. These departments go by many different names, and may be a part of the state's department of social services or human services. They provide services, case management, and permanency planning for children who wait in foster care. Some also approve families for adoption.
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.
During the home study, the child welfare agency will review your case and provide the courts with evidence that you are capable of caring for the child. A lawyer is not required for this stage, but it’s nice to have one available. You’ll be asked to supply copies of your birth certificate, income tax returns, medical report, and marriage licenses. All adoptive parents will need to be fingerprinted.
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.
An acronym for Court Appointed Special Advocate. CASA volunteers are trained community volunteers who speak for the best interests of a child in court. They are assigned by a judge to research an abuse or neglect case, and provide the judge with information to help in making a decision for the child's permanency. To learn more about CASA, visit its website at http://nationalcasa.org.
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.

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.


They may not provide matching services. You may need to work with another adoption professional, such as an adoption agency, to be matched with a waiting adoptive family. Alternatively, you may need to independently identify an adoptive family that you would like to pursue an adoption plan with. This can potentially limit the number of families you have to choose from. In addition, there are other services your attorney may not be able to provide throughout the adoption process, such as counseling and support. If adoption counseling is offered, it is normally through an unlicensed paralegal with little adoption counseling experience. The attorney also will not usually be able to keep up with post-adoption agreements, such as receiving pictures and letters, whereas adoption agencies often have programs in place to coordinate these services.
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