Adoption is the legal transfer of one or more adults' parental rights of a child to another adult. The paperwork is extensive and the regulations differ between states, circumstances and countries. Although the amount of time a birth or adoptive parent will spend with an attorney or interacting with legal proceedings of an adoption depend on the adoption type, attorneys are always involved at some level and have one of the most important roles in terms of ensuring all contracts and legal documents are in step with the law and clearly drawn up.
Adoption attorneys are lawyers who look over all of the legal adoption documents for the adopters, agencies and birth mothers. Adoption is a legal process and adoption attorneys are there to interpret laws and protect all adoption parties from misunderstanding their rights or from engaging, sometimes unknowingly, in unlawful conduct. Often, it's said that an attorney can make or break the adoption experience, particularly if an adopter is pursuing an independent or private adoption in which a birth mother may have open communication with the attorney as a facilitator. Therefore, choosing a personable attorney is important regardless of how much time one thinks he or she will spend with an attorney. Attorneys will play a larger role in an independent adoption than if a couple is adopting via agency.
In some states, an adoption attorney may be the intermediary between a couple and a birth mother. This is usually the case in independent adoptions. Because of the attorney's paramount role in an independent adoption, couples should carefully consider the attorney's background as well as know what could be warning signs of an adoption scam.
Attorneys hired to work with an adoption agency work a couple's interest rather than an agency's. An attorney hired to work with an agency with look over every documents signed by couples and birth parents to ensure compliance with state laws and Interstate Compact regulations if it's an out-of-state adoption. Other facets of the adoption process that attorneys are helpful for is ensuring all files are documented with the state and the adoption is complete and legal.
Attorneys may also save you money, particularly in overseas adoptions, as it's their job to know what fees are required by law and what may be a scam or unnecessary request, particularly in purchases for birth mothers.
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February 6, 2014, 10:19 am
Hi all - We're working with a facilitator in IN but are on the listserv of Mark Miller, an adoption attorney in FL, who occasionally sends out adoption situations he has vetted and puts them through a brutally honest/open in-depth risk analysis. I enjoy reading the situations but have never...Finally over!!!!!
January 12, 2014, 12:36 pm
We ended up firing our first attorney and using the birth mother's attorney. She was more experienced in these matters. Our new attorney told us to cancel our appointment with the GAL and to not reschedule. We thought that was odd as it was court ordered and not an option. She assured us that this...
Private adoption: Can CPS take the baby first?
February 4, 2014, 8:47 am
Background: My wife's cousin's best friend is 5 months pregnant and although it's still early and she's still thinking about it she's pretty sure she wants to have us adopt her baby. She has a 5 year old that is living with her mom due to CPS and a drug situation. She is sleeping on a friend's...Wilmington, NC Adoption Lawyer
February 3, 2014, 6:02 am
Can anyone recommend a good adoption attorney in NC, specifically Wilmington or close to Wilmington? Cheers!
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