Hiring an attorney to help with your adoption process is highly recommended, and in many states it’s required. The level of involvement your attorney will have in the adoption process depends on your individual situation. In some states it’s legal for the adoptive parents and birth parents to use the same attorney, but it’s better for them each to maintain their own counsel who can look out for their best interests.
Choosing an Adoption Attorney
It’s important that you use an experienced adoption attorney in order to make sure the process goes as smoothly as possible. With all the ups and downs of an adoption process, you don’t want to have to worry about anything extra from the legal end. Some attorneys practice only adoption law, while others work on adoption as part of their family law practice. There are even attorneys who do adoptions on the side as a service to the community. Any of these might be good options, but it’s best to choose someone who you have received a referral for.
Ask around in the adoption community and find out which attorneys other families have used and what their experiences have been like. When interviewing potential adoption attorneys, ask lots of questions so you can get a sense of the attorney’s business practices. Find out what their fee schedule is like, what their credentials are, and how familiar they are with your rights and responsibilities in the process.
When Working With an Adoption Agency
When using an agency as a facilitator in the adoption process, they may appoint an attorney who works with their agency to your case. In other cases, they may require you to obtain your own counsel. The attorney will be responsible for tracking all of your paperwork and making court appearances with regards to your case. They will double check that legal issues like the birth father’s rights and interstate adoption laws are handled correctly throughout the adoption process. There will be a fee for their services in addition to the adoption fees paid to the mediating agency.
In Private Adoption
A private adoption is when an agency is not used to facilitate the adoption, and the child is placed directly from the birth parents to the adoptive parents. This type of adoption accounts for at least half of the adoptions in our country. An attorney has some extra responsibilities in a private adoption above those of an agency adoption. The attorney’s responsibilities will vary for each individual case. They may be responsible for helping to screen potential birth parents. They will also be in charge of negotiating payments to the birth mother. An adoption attorney may also be responsible for scheduling and signing you off on your home inspection. Although there will be additional fees associated with these services, a private adoption is often less expensive than an agency adoption because of the money saved in agency fees.
No matter which type of adoption process you will be going through, a good adoption lawyer will be one of your best assets throughout the process. He or she will ensure that all the details of your case are in order and that you are meeting all of the legal requirements of adoption in your state.