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.
Some expectant mothers need help covering expenses. Each state has different laws about what expenses can be covered, who can distribute the funds, and whether the funds must be paid directly to the provider. Failing to follow the laws regarding expectant mother expenses can potentially result in criminal liability. An experienced adoption attorney will know what expenses are permitted, how they can be disbursed, and who can disburse them.
Adoption lawyers can help you find an adoption agency and file any necessary paperwork. They will also represent you in court if necessary. Lawyers will help you prepare for hearings if you need to state your case verbally in court. Some common problems include the birth parents trying to extort the adoptive parents or the birth parents change their minds. If there are any sort of legal complications, you’ll want to have an attorney on your side.
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.
The adoption process can be arduous, forcing you to clear many hurdles before you can finally bring a child home. We will be there with you at every step, providing counsel as you complete applications, advising you regarding home studies and helping you obtain all the necessary documentation to finalize the process. We will handle all matters related to the termination of parental rights, if required, to finalize the adoption. When necessary, we will act as your advocate with birth parents, negotiating agreements to cover medical or other expenses incurred by the birth or care of the child before the 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.
We talked with Widrig Law PLLC about using lawyers during the process, and they explained, “Many adoption attorneys will offer a flat fee service. The fee may include document drafting, reviewing, and filing. When the issues are more complex, attorneys will charge by the hour. The rates will vary depending on the complexity of your issue and also based upon the country in which you’re located. You should negotiate the rate up front to avoid any adverse issues later.”
Attorney adoption fees vary by state, experience, and time frame. It all really depends on which adoption attorney you choose. It can range from a few hundred dollars to a few thousand. There isn’t one set rate, so it is important to consider multiple adoption attorneys before you settle on one. Remember that you don’t have to work with the first adoption attorney you come across. Explore your options so that you can be confident and comfortable in your final decision.
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.