Family Lawyer: Overview Of Adoptions

In most states, law requires a family lawyer to be present during certain adoption processes including inter-family, arranged before birth, and through domestic or international agencies. While the process of filling out and submitting documents is not inherently difficult, there may be many legal and personal roadblocks that complicate the matter. Additionally, certain types of adoption may have high legal fees, such as when fighting for termination of biological parental rights of adopting from certain countries. For the sake of your household, it is crucial that you have an attorney so you can secure yours and your child's rights during and after the adoption process. 

Inter-family adoption laws will vary by state, but often consent is required from any living biological parents, unless the court has deemed them unfit. Drug use, negligence, or lack of income can be sufficient enough evidence for a judge to terminate any parental rights. However, some parents will choose a lengthy battle in court over the best interests of their children, resulting in hurt feelings and broken homes. A stepparent may also be able to win sole-custody in court. If neither parent can be located, there is generally a waiting period before the adoption can be made official or an announcement of intent placed in a newspaper, allowing them time to come forward. 

Even with consent from biological parents, people should exercise caution when proceeding with an adoption and ensure it is legally binding. Failing to do so can result in a clash of interests later on, changed minds, and disruption for the child and other relatives, which can be devastating. A family lawyer can help mediate issues early on and help push documents through the courts if current legal guardians are resisting. 

Adoptions that are arranged before birth can often end in heartbreak for the adoptive parents. With the exception of two states (and even those have limitations), there are no legally binding pre-birth adoption relinquishments. The parents will retain all rights until after the birth and signing of official documents. It is not uncommon for the mother to change her mind immediately following birth, or even a few weeks or months afterwards. States also have different laws regarding revocation of the agreement, so it is important to make an adoption official as soon as possible. Additionally, once the paperwork has gone through, many confused parents may be more accepting of the process. 

When adopting through a domestic agency, most will already have attorneys to assist you with the process. International adoption has many more variables; however, which will require the expertise of a specialist family lawyer. Some countries, such as China, already have a well-established relationship with adoption by United States citizens. Other countries with fewer adoptions or more restrictions will require legal assistance in order to secure your rights during the process. In comparison to domestic adoptions, the cost of international can be prohibitive for many couples, and often times they can't afford to go through the process several times. Finding the right attorney early on can help reduce costs and potential application rejections.