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.
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.
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).
Because of the complexities of the adoption process and the potential for negative consequences, it is not recommended that you attempt to do an adoption pro se. Even a consent adoption within the family, for example, an aunt and uncle adopting a nephew with full consent of the birth parents, should still be prepared and shepherded through the court by an attorney.
One point that Matt mentioned that I found interesting, and certainly gives the service credibility, is that they have lawyers that use their service as well. The lawyer will sell the service to a client for thousands of dollars and then pay RapidAdoption.com to prepare the paperwork for them. There are some that they work with regularly and have an agreement with and some that just purchase the service from their website and give the paperwork to their clients as if they had done it.