Adoption establishes a parent-child relationship between individuals who are not naturally related. In many cases, the process requires a natural parent to relinquish his or her right to the child being adopted, which is why legal adoption requires a court proceeding and adherence to strict procedures. Adoption attorneys must ensure that several parties receive notification of your intent to adopt, including the child’s natural parents, any current guardian or custodian and any other person standing in loco parentis — serving a role similar to a parent in place of a parent. In many cases, including the adoption of a minor stepchild, the noncustodial parent must consent to the adoption. If the noncustodial parent refuses to consent, a trial may be necessary. If a trial occurs, a adoption attorney must establish grounds for the termination of the noncustodial parent’s rights.
Grounds for termination include the following:
• Abandonment
• Abuse
• Neglect
• Unfitness
• Incompetence
Moreover, a father who was not married to the mother of the child being considered for adoption may not have to consent if he did not establish a substantial relationship with the child.
Adoption Lawyers and Why You Need Them
The adoption process is guided by laws and regulations from start to finish. There are state and federal laws that apply for adoptive families and prospective birth mothers. This means not only conducting the adoption in the proper way, but also filling out mountains of paperwork and filing it with the right department at the right time. The role of adoption attorneys in the process, ideally, is to step into the complicated legal matters that the staff of your adoption agency may not be equipped to handle. In this role, the adoption lawyer is an important part of the adoption but is not the primary professional involved in the process. However, in your research of adoption, you may also hear about adoption lawyers playing a different role. Some families, in an attempt to lower adoption costs and simplify the process, decide to use a private adoption attorney as if they were an adoption agency. In these cases, an adoption lawyer leads the whole process. This type of arrangement is generally referred to as an independent adoption.
What Does an Adoption Lawyer Do?
Adoption Lawyer are legal practitioners with expertise in family law, specifically adoption. Adoption law firms are a group of two or more attorneys who practice law. Some of these law firms have an attorney who specializes in adoption law. This specialty can range from stepparent to independent adoptions. Most adoption attorneys handle the legal process but do not locate potential birth parents for their clients, making them an ideal professional for processes like stepparent, relative and identified adoptions. In some cases, however, attorneys can attempt to provide services like locating birth mothers, facilitating communication, overseeing living expenses and protecting families’ financial investments. These are typically services provided by an agency professional who has expertise in these areas, whereas an attorney for adoption is not always trained in these matters that fall outside the legal elements of adoption.
Advantages of Adoption Law Firms:
• Provide crucial legal services: The main benefit of adoption law firms is the safe and solid legal work they provide, which makes the adoption more secure. This advantage is seen when adoption attorneys handle the legal side of adoption that they specialize in. In this capacity, an adoption attorney is required in every adoption, regardless of the other professionals (such as adoption agencies) involved.
• Can complete identified adoptions: If a family has already located a potential birth mother to adopt from (such as a pregnant friend or family member), an adoption attorney may be the only professional they need to complete the process, which can be more cost effective than working with an agency.
These disadvantages are not meant to put down adoption attorneys or be overly critical of their work. Rather, it is simply an issue of working with adoption attorneys in the proper context. They play a vital role in the adoption process. Really, it couldn’t happen without adoption lawyers. However, most are not equipped to fulfil obligations of the adoption process outside of that role. Families who decide to adopt solely through a lawyer for adoption typically run into a variety of issues that wouldn’t be present when working with a full-service adoption agency.
These are issues like:
• Lack of advertising: An important part of the adoption process is finding adoption opportunities for hopeful parents. This means reaching out to prospective birth mothers with family profiles through a process called adoption advertising. While adoption agencies typically have processes and staff members dedicated to this kind of advertising, adoption attorneys do not. Because of this, a family may feel the need to try to advertise by themselves, which is problematic. In some states, it is illegal for families to advertise on their own. When it is illegal, it can be costly and ineffective. For perspective, the largest national agencies carefully track marketing success and have major networking contacts, but still spend an average of $8,000 to $10,000 in advertising for each successful adoption. A family can expect to potentially pay more in advertising through an adoption law firm, especially if the ad is placed on your own.
• Longer wait times: On top of increased expenses and lower efficiency, this can also lead to longer wait times and less opportunity for a successful adoption placement. This is not necessarily because adoption attorneys lack skill. Rather, it is because this part of the adoption process is not something most are fully equipped to handle.
• Unpredictable costs: The total cost of adoption can fluctuate drastically with an adoption law firm. Many lawyers specializing in adoption bill hourly, meaning the adoption can become more expensive the longer it stretches out. Alternatively, some adoption agencies offer fixed fees so that the cost will not steadily increase with the length of the process.
• Less support for potential birth parents: Trained and licensed social workers are vital to successful adoptions. Sometimes, families get frustrated with adoption law firms because they lack a social service department skilled in evaluating, educating and guiding prospective birth mothers through the adoption process. As a result, families can end up in an adoption opportunity with birth mothers who aren’t strongly committed to adoption, aren’t emotionally prepared or don’t understand the process, which can result in an adoption disruption.
• Less availability: Availability with adoption lawyers and adoption law firms can be limited. This can be because most adoption attorneys are working on a handful of cases at once, but also because adoption law firms do not have the staff to answer calls or respond to questions after work hours. As any family will quickly find, the needs of an adoption don’t always come up between 9–5, and having someone who answers the phone is important.
Conversely, a family can choose to work with an adoption attorney in conjunction with a full-service adoption agency that has expertise, experience and resources dedicated to each aspect of the adoption process. Not only can an agency like American Adoptions meet your needs at every step of the way, we also connect families with trusted adoption attorneys for the legal aspects of adoption; that way you don’t have to go out interviewing attorneys on your own.
What Does an Adoption Lawyer Do?
An adoption lawyer can help you if you are trying to gain legal guardianship of a child that isn’t biologically yours. A lawyer can help you find an agency to adopt from if you need one, can file any necessary paperwork, and can represent you in court if necessary.
How Do I Know if I Need an Adoption Lawyer?
If you’re unsure about how to go about an adoption, an adoption lawyer is a good place to begin the process. An adoption lawyer will be knowledgeable on state- and country-specific adoption laws and provide guidance based on your situation, whether it be a private adoption, a step parent adoption, or if you’re a same sex couple wanting to adopt. A lawyer can prepare you for any hearings that may be required in the adoption process. In addition, your adoption attorney can represent you in court if there are legal complications, such as the birth parents changing their minds or trying to extort you.
How Much Does an Adoption Lawyer Cost?
Many adoption attorneys have flat fee services for simple issues like document drafting, review, and filing. For more complex issues like talking to an adoptions agency or going to court, most lawyers charge an hourly rate. Rates will vary depending on the complexity of your issue and where in the country you live, so negotiate a rate up front with your attorney to avoid costly surprises.
What Should I Expect When Working with an Adoption Lawyer?
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. Adoption lawyers usually focus their practice exclusively on adoptions; however, there are some that practice other areas of the law. I would feel more comfortable working with one that practices exclusively in adoption just in case a situation was to arise that would require that expertise. However, someone who does not exclusively practice in this field wouldn’t be capable of helping you. My suggestion is to find someone with whom you feel comfortable. Adoptions can be stressful and emotional, so you will want to find someone that will bring you comfort during those times. Adoption lawyers can assist in finding an agency. Alternatively, they can assist in pursuing an independent adoption. If you are hiring an adoption attorney to pursue an independent adoption, he will help you prepare all the necessary paperwork required to have a successful adoption. He will also attend any court appearances that are necessary for your adoption. Our attorney only had to appear once for us when we adopted our son in 2014; however, some cases require more than that. Make sure the attorney you choose is familiar with your state’s requirements for adoption.
What Are The Responsibilities And Duties Of An Adoption Lawyer?
The role of an adoption attorney includes filing the appropriate paperwork to begin, continue, and finish the placement process. Another duty or responsibility of an adoption attorney is to appear with you during adoption proceedings. Your adoption attorney should also help you with completely understanding your state’s specific adoption laws. This is something you’ll want to look for when you begin your adoption attorney search– someone who knows the applicable regulations and laws and how they will apply and affect you.
How Do You Find An Adoption Lawyer?
First you call Ascent Law. There are many methods available for finding an adoption attorney that is best for your specific situation. If you know of anyone who has been in a similar situation, ask him or her for referrals and contact information for the adoption attorney he or she used. You can also contact local adoption agencies. They should have a list of adoption attorneys they’ve worked with before. Consider joining and actively participating in a support group. This is another great way to receive contact information or adoption attorney referrals. And one of the easiest ways to receive contact information is through our professional directory. Your search can be state-specific and professional type-specific. Throughout this process, remember that your adoption attorney is there to help, assist, and guide you. He or she should know of all your state’s adoption laws, rules, and regulations. Working with an adoption attorney is a great way to progress through the placement process because of the step-by-step and hands-on help that your adoption attorney should offer. Make use of the resources around you as you explore your options.
Working With an Adoption Lawyer
In almost all circumstances, it is helpful to go through the adoption process with the assistance of an attorney. Creating a family is one of the most significant events in the lives of most people seeking to adopt. You will want to be certain that the adoption you pursue complies with state and federal laws, and that nothing will disturb the relationship that you have built. If you are considering adoption, one of the first steps is to contact a knowledgeable adoption attorney. Similarly, if you are a biological parent, and you are seeking to place your child for adoption, you will also want the assistance of counsel to help you understand your rights. Typically, the adoptive parents will pay for the costs of the birth parents’ attorney because it is important that the birth parents’ rights and wishes are protected.
Contested Adoption Hearings
The examples above presume that the adoption process has received the consent of all parties. This is not always the case, however. Sometimes a court will terminate the parental rights of birth parents without their consent. In these situations, an attorney is especially important. Some states will provide an attorney free of charge to birth parents who are involved in parental right termination hearings. In other states, parents who are at risk of losing their parental rights need to pay for their own counsel. The involuntary termination of parental rights can only happen in certain circumstances. Parental rights can be terminated if the parents have been found to have abused or neglected the children and are unable or unwilling to provide a safe home for the children. Parental rights can also be terminated if a parent has abandoned the child or if they will be incarcerated for a long period of time. A skilled attorney can help you defend your parental rights if you are at risk of an involuntary termination.
The Role of a Lawyer in an Adoption
While potential adoptive parents may see an adoption as a primarily emotional process that formalizes a parental bond, it is also a legal process. Since the parent/child relationship is so important, courts want to be certain that the legal procedures are followed precisely. That is why attorneys are almost always involved in the adoption process. However, the specific involvement of the adoption lawyer will depend on the type of adoption and other factors. If you are working with an adoption agency, they will likely coordinate the attorney services for you. However, if you are doing an independent adoption, you will probably be responsible for finding and hiring your own attorney. In an independent adoption, the adoption lawyer will also likely play a much larger role. In an independent adoption, the attorney will be responsible for making sure that all of the legal requirements of your state are met. This includes making sure that necessary home studies, background checks, and other screening procedures are completed properly. It also may include helping potential adoptive parents gather the documents that they need. If you are in a state that permits facilitated adoptions, often the facilitator will be an attorney. Some adoption attorneys will keep files of potential adoptive parents. When a birth parent reaches out to them, they will help them find an adoptive home for the child. As with independent adoptions, the adoption lawyer will probably be the main professional working with you. For birth parents who are voluntarily terminating their parental rights, the role of the lawyer is to safeguard the rights of the birth parents. The adoption attorney can help explain certain decisions that need to be made and act as an advocate to make sure that your wishes are carried out. They can also assist you if you change your mind and decide to parent the child. In involuntary terminations, the birth parents’ lawyer has one of the most important roles in the process. They are responsible for vigorously defending the rights of the biological parents and fighting the termination if that is what the birth parents want.
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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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West Jordan, Utah
84088 United States
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