Choosing an Adoption Attorney
Adoption may be a new process for you. Since it is a legal process, you will need an attorney to guide you and ensure that the adoption meets all state laws and regulations. In some states, an attorney is needed from the start of the process (i.e., in New York State adoptive parents must be Pre-Certified through their local court prior to taking custody of a child). All adoptions need an attorney to finalize the parent-child relationship through the court.
Adoptive, prospective, and foster parents should research and select an attorney with the same care they would exercise in selecting an insurance agent or a contractor. All lawyers are not equally informed about different areas of the law. The lawyer who helped you with your home closing or taxes, may be a great guy, but he may have very little experience with, or knowledge of, adoption and child welfare law and regulation. An adoption lawyer will be knowledgeable on state- and country-specific adoption laws and provide guidance based on your situation.
If you’re unsure about how to go about in some adoption situations, an adoption lawyer is a good place to begin the process. Many will offer free or reduced cost consultations and provide a place to begin.
For a step parent adoption, or for same sex couple wanting to adopt the other’s biological child, an adoption attorney might be all you need to complete the process. Families going through agencies for adoption, will also require the services of a knowledgeable attorney who will work with your agency to petition the courts for finalization. For an independent private adoption, an attorney can offer a full range of services for both hopeful adoptive and considering birth parents. A lawyer can prepare you for any hearings that may be required in the adoption process.
PLEASE NOTE: it is a conflict of interest for an attorney to represent both the birth family and adoptive family. To retain the ethical and legal integrity of an adoption proceeding, both parties require independent representation.
When you first meet with a prospective lawyer, remember you are interviewing him/her to determine if his/her experience meets your needs. First and foremost ask questions such as “how much experience have you had in child welfare practice” or “can you provide references of other families you have served?”.Â
Questions to Ask a Potential Adoption Attorney
1. WHO DOES WHAT? – Attorneys provide legal services, but may also connect you to other services (i.e., physicians, OB/GYNs, counselors, etc.) as the need arises in your adoption process. Discuss what services and decisions are needed and who makes them.
2. PRIOR EXPERIENCE – Ask if they have done the type of adoption you are choosing (i.e.domestic interstate adoption, specific intercountry adoption, working with singles, etc.). How many have they done and how recently (i.e., intercountry adoption changes in 2014 may not be known by immigration attorneys without current adoption experience)? You want an attorney knowledgeable and up-to-date with the type of adoption process you are starting.
3. PROFESSIONAL LICENSING AND CONSUMER RATING – Check if they are licensed in your state. You can also look attorneys who have been vetted by the Academy of Adoption and Assisted Reproduction Attorneys and have a minimum amount of related adoption experience. Find a local adoptive parent group and talk to adoptive parents about whom they used and if they were satisfied with the legal services they received.
4. WHO IS FOLLOWING YOUR CASE? – Ask if you will be working with the attorney directly, or if a partner/associate or office staff member will be assigned to your case. What hours are they available? Do they prefer phone calls, emails, texts, etc.? It is important to know who is overseeing your adoption and, if other staff will be involved, who does what and when.
5. WHAT ARE THE COSTS OF THE ADOPTION? – You will want to know who helps guide you in appropriate adoption fees, what is legal and what is paid to whom and when. For the attorney specifically: How do they bill? Do they have a consultation fee, a retainer, a set rate or do they bill by the hour? You should have an estimated adoption budget before you begin the process, and know what part is for legal fees.
Most attorneys who practice in family court have played a variety of roles as birth family attorneys, law guardians, or as agency/county attorneys. The lawyer who impressed you representing other positions in previous cases may be just the person you are looking for. Last, but not least, ask other foster/adoptive parents in your community to recommend lawyers they found helpful. No one can tell you whom to choose. If you have done your research, understand what an attorney can and cannot do in your state, checked their licensing, experience and consumer rating with adoptive parents, and consulted with local adoption professionals (such as social workers, homestudy providers and counselors) you should be confident in your choice.