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Top 5 Legal Questions About Adoption People Are Afraid to Ask

By George Khoury, Esq. on November 04, 2016 | Last updated on March 21, 2019

Adoption, apart from being one of the best things a person can do, can be emotional, time consuming, energy draining, will testing, and expensive. Before starting the process, individuals and couples often spend hours researching as it is a legally complex process, much like any family law matter.

Below are 5 of the top legal questions people usually want to ask, but are a bit nervous or afraid about asking.

1. Can I Reverse an Adoption?

While this question may seem almost comical, it comes up frequently as even the most excited potential parents will have concerns that something will go wrong. However, once a child is adopted, there is no simple reversal and to relinquish custody requires a court order terminating parental rights.

2. Can Unmarried Couples Adopt Children?

While this question has gotten asked less and less since same-sex marriage has been legalized, it still comes up frequently enough. The answer is generally yes, however, there may be some exceptions in a few states, as well as some extra hurdles made of red tape that the couple would have to jump or cut.

3. Can I Adopt With an Arrest or Conviction?

There isn't a bright line rule about whether a conviction will disqualify a potential parent from being able to adopt. However, the type of conviction, as well as when it happened, and the circumstances surrounding it, will matter. Potential parents with a record may want to consider an expungement.

4. What are the Birth Mother's Rights After Adoption?

The rights of the birth mother will vary depending on the adoption arrangement and agreement. Generally, barring agreements to the contrary, birth parents lose all rights when they terminate their parental rights.

5. How Much Will an Adoption Lawyer Cost?

Adoption lawyers will vary in cost depending on the amount of services required, which will vary from adoption to adoption. Reaching out and discussing your situation with local adoption attorneys can be helpful in understanding not just their costs, but overall adoption costs.

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