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.
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.
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 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.
If you choose an adoption attorney as your primary adoption professional, this is considered an independent adoption. In many independent adoptions, the birth parents and adoptive family find each other independently of an adoption professional’s screening and matching services. In some states, adoption lawyers are not legally allowed to perform these screening and matching services.
The services offered by adoption lawyers vary from one attorney to the next. If you choose to work with an adoption attorney, you may need to take a more active role throughout the adoption process, and you may have to consult additional adoption professionals for some services not provided by your attorney. However, the right adoption attorney should be able to refer you to professionals that can assist you with these services.
Decide who you want to handle the legal side of your adoption. In a private adoption, the birth parents transfer their rights directly to the adoptive parents rather than the state or an adoption agency. However, the adoption is still governed by state law and there are many legal procedures and requirements you must meet for the adoption to be granted. Most adoptive parents work with an attorney to guide them through the process.
Stepparent Adoption – Stepparents who adopt a spouse’s child often solidify pre-existing bonds, and engage in a legal process that provides them and the child with legal rights, including the same parental rights as if they were the child’s biological parent and the child’s right to inherit from the stepparent, among others. Our legal team can assist stepparents looking to adopt a child with only one living biological parent, or when the other biological parent consents or objects to the adoption.
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.
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.
A private adoption where the adoptive parents and the birth mother have not agreed beforehand can cost over $20,000. Before you make the financial and emotional investment in the adoption, you want an attorney who is familiar with all federal, state, and local laws and procedures. Depending on your location, expect to pay $100 to $200 per hour for skilled legal assistance.
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.
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.