Get Legal Help with Adoption
By Lisa Burden, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed September 23, 2024
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An adoption attorney can smooth your adoption process while helping you avoid potential pitfalls. Even more importantly, your attorney can protect your and your adoptive child's interests.
Adoption is a life-changing event. It’s crucial to understand your legal rights and responsibilities at every step of the adoption process. Navigating the complexities of family law, from choosing an adoption attorney to understanding parental rights, can be challenging.
An attorney can offer several legal services during the adoption process. Learn about getting legal help from an adoption professional below, including common legal issues and ways an attorney can help.
Visit FindLaw’s Adoption Law section for additional adoption articles, resources, and FAQ.
Common Adoption Issues and Questions
In any adoption, several legal and personal issues may arise. These issues can complicate and prolong your adoption case. For example, you might wonder about state law, adoption referrals, and parents' consent. But some of these issues may not come to light until it's too late.
Some common legal matters or questions adopting parents often encounter include the following:
- What can I expect from the adoption process?
- Which method of adoption should I use (confidential, mediated, or open adoption)?
- What rights do same-sex couples have regarding adoption?
- Who can legally adopt a child?
- What are the advantages and disadvantages of using an agency adoption versus an independent adoption or private adoption?
- How does international adoption work?
- What are the costs associated with international adoption?
- What steps should I take to get citizenship for a child adopted from a different country?
- What is the home study process?
- What are the obligations of biological parents in a stepparent adoption?
- Can the biological parents revoke consent?
- What happens to the birth certificate in an adoption?
- How do you get a name change for an adopted stepchild?
- What are the child support obligations for birth parents after an adoption?
The right legal advice is essential. An adoption lawyer can answer these legal questions.
Managing Adoption Legal Issues
Beyond answering your questions, an adoption attorney can handle any legal problems with your adoption. This is particularly important in foster care scenarios, like terminating parental rights.
It is also critical in cases involving birth family issues, including biological parents who want to challenge the adoption or revoke consent. If these issues occur, your attorney can represent your interests in family court.
Preparing the Adoption Paperwork
Your attorney can also prepare and file paperwork in family court, including petitions, consent forms, and other legal documentation. Professional legal assistance with this help can minimize delays or complications due to incomplete information or missed deadlines.
Meeting With Your Attorney: What To Expect
When you hire a family law attorney, they'll guide you through the documentation necessary to expand your family. They’ll also need comprehensive information about you, the adoptive child, and the birth parents (if applicable).
What Information Must Prospective Adoptive Parents Provide?
Be prepared to disclose personal and identifying information to your attorney, including:
- Full name
- Legal name, if different
- Maiden name or former name, if applicable
- Date of birth (DOB)
- Present address and past addresses
- Employment and income
- Details regarding previous marriages or divorces
You should also provide information about any other adults or children living in your home. Your attorney will also want to know how much you can spend on your adoption and how you will fund it. This can affect your adoption options.
What Information Should I Provide About Birth Parents?
If the biological parents are known and involved, adoptive parents must provide their full names and addresses.
It also helps to share information about:
- The natural parents' readiness to consent to the adoption
- Their understanding of the adoption process as birth parents
- Their relationship with the child
If the birth parents are unknown, note the child's current caregiver or adoption agency.
What Information About the Child Is Necessary?
Provide details about the future adopted child to your attorney. Be prepared to disclose information on the child's birth, like date of birth (DOB) and place of birth. If available, supply a certified copy of the child's birth certificate.
Disclose Any Potential Legal Complications
Your legal representation needs to know about any existing legal matters or special factors, including:
- Child custody disputes
- Past arrests or criminal charges
- Reports of domestic violence or child abuse
- Outstanding child support obligations
- Previous adoption attempts
- Health history or chronic illness
- Substance abuse, alcoholism, or drug use
Your attorney can protect your interests if these issues could affect or delay the adoption process.
Get Professional Legal Help With Adoption Today
The right attorney is your most valuable legal resource throughout the adoption process. This is true whether dealing with adoption agencies, birth parents, stepparent adoption, or adult adoption. Having the right attorney is key to a successful adoption.
Every adoption journey is unique. An adoption lawyer can provide legal information specific to your case while guiding you through each step of the process. The right attorney understands the nuances of your adoption and advocates for the best interests of the adoptee.
Find an adoption attorney near you with FindLaw’s attorney directory. When searching for or an attorney, keep your specific needs and adoption circumstances in mind.
Legal aid may be available to eligible prospective parents. Check with your state’s bar association for additional information or referrals to low-cost legal aid services.
Can I Solve This on My Own or Do I Need an Attorney?
- It is a good idea to have an attorney for complex adoptions
- An attorney can ensure you meet all legal requirements and that your adoption is finalized appropriately
- An attorney can help protect the best interests of adoptive children, adoptive families, and birth parents
- For simple adoptions, you may be able to do the paperwork on your own or by using an agency
Get tailored advice at any point in the adoption process. Many attorneys offer free consultations.
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Helpful Links
Don't Forget About Estate Planning
Adopting a child is an ideal time to create or change your estate planning forms. Take the time to add new beneficiaries to your will and name a guardian for any minor children. Consider creating a financial power of attorney so your agent can pay bills and make sure your children are provided for. A health care directive explains your health care decisions and takes the decision-making burden off your children when they become adults.