The following is a guest post from Veronica Baxter, blogger and legal assistant in Philadelphia.
You’ve decided to expand your family through adoption. Congratulations! Now what? You’ve heard about the various things that can go wrong with adoptions and want the process to go as smoothly as possible, considering all variables. You’ve decided you need to hire an adoption attorney.
Smart move. Working with an experienced adoption lawyer will give you the best chances of success and will make the process as stress-free for you as it can be. An adoption attorney will anticipate and avoid or solve in advance the many problems that can arise in the adoption process. But how do you choose the right adoption attorney for you?
This article will explain how and comes from the office of a prominent Philadelphia child custody lawyer.
What Type of Adoption Are You Interested In?
The type of adoption you seek will largely dictate who you hire as an attorney because not all adoption attorneys facilitate all types of adoptions.
If you have not decided which type of adoption you want, read this overview of the major types of adoption available to Americans and what you will look for in an attorney. An experienced attorney will be able to guide you according to:
- The age(s) of children you will consider adopting;
- Whether you are single, partnered, or married;
- Whether you want to adopt domestically or internationally;
- What types of adoption are legally available to you in your state or the country you are considering adopting from;
- Whether you are interested in an open or closed adoption;
- Whether you wish to foster a child prior to adopting that child.
Open vs. Closed Adoption
Open Adoptions
Open adoption allows for contact between the birth parents, the adoptive parents, and the child. This association varies and can range from picture and letter sharing to phone calls, contact through a third party or direct contact among the parties themselves.
Open adoption is common when older children and teenagers are adopted because they already know the identifying or contact information of their birth family members. Often older adoptees want to stay in touch with siblings who were placed with other adoptive families, and an open adoption allows for that.
If you tell your attorney you are comfortable with some form of open adoption, they will discuss the various types of contact that are available to you and help you find a match with birth parents who have the same or similar goals. In the case of adopting older children who already have identifying information about their family, your attorney will be able to facilitate the level of contact you and your adopted child want.
Closed Adoptions
In a closed adoption, no identifying information about the birth family or the adoptive family is shared. The adoptive family receives non-identifying information such as birth parents’ education, medical history, and ethnicity before the child is adopted. When the adoption is finalized, the records are sealed. There is no contact among the parties.
The type of contract you sign and state law will dictate whether the adopted child will have access to the sealed records when they reach age 18.
An attorney specializing in closed adoptions will be able to explain the consequences of signing closed adoption papers to you, including your adopted child’s rights to identifying information after they turn 18.
Domestic Adoption from Foster Care
There are two types of adoption from foster care: you can adopt children who are being fostered elsewhere, or you can adopt a child you take into foster care first.
Foster children are children whose birth parents cannot care for them and whose parental rights were terminated. These children are housed temporarily in foster or group homes while they wait to be adopted. Public and private agencies in your community organize the foster arrangements according to state law, and you can contact these agencies for a list of available children.
If you are interested in fostering and then perhaps adopting a child, government financial aid is available to assist you.
An attorney experienced in fostering children and adopting children from foster will know what agencies facilitate such arrangements and will be able to refer you appropriately. They will also know what types of government aid you should apply for as a foster parent. Expect that this attorney will be well-versed in the law of your jurisdiction, with local knowledge of reputable agencies.
Domestic Private or Independent Adoption
Private or independent adoption of newborns is less common than other forms of adoption because there are many more people wanting to adopt newborns than there are newborns available to be adopted. People who want to adopt newborns often try to adopt through an intermediary such as a lawyer, a licensed adoption agency, or another facilitator.
Private or independent adoption is legal in most, but not all, states. In the states where it is legal, an adoption attorney will have a network of physicians and other healthcare professionals who will refer birth mothers and parents to them will know when a newborn will come up for adoption, will facilitate the selection of the intended parents by the birth mother or parents, and will ensure that all applicable laws are followed in adopting the newborn.
These adoptions can be closed or open.
International Adoption
Americans’ opportunities to adopt internationally have shrunk in recent years due to diplomatic difficulties, however, international adoptions are still available, albeit in limited ways.
Many countries prohibit adoption by single or gay parents or restrict the gender of the adoptee relative to the adoptor if single. Many countries require that adoptive parents be married.
An attorney experienced with international adoptions will have up-to-date information about what children may be available to you depending upon your gender and marital status and the country or countries from which you are interested in adopting a child.
Adopting Your Stepchild
State law dictates whether step-parent adoption is available and if so, what the requirements are. Some states require that a couple be married for a minimum amount of time prior to step-parent adoption. Many states require that the adoptive parent, the biological parents, and the child each have legal representation, while others provide a step-parent adoption process through the state court system.
Consulting with a local stepchild adoption attorney will ensure that the adoption goes smoothly and effectively under the law in your jurisdiction. A fact sheet on step-parent adoption is available through the federal Child Welfare Information Gateway at www.childwelfare.gov.
Schedule a Consultation with an Attorney Experienced in the Type of Adoption You Seek
How to Find an Experienced Adoption Attorney?
There is a national organization that can point you towards qualified adoption attorneys in your jurisdiction. The website for the American Academy of Adoption Attorneys is www.adoptionattorneys.com.
If you’ve been doing research online, you know there are many forums and chat rooms for adoptive parents. Google the type of adoption you are considering, join those groups, and ask for referrals.
Follow Your Instincts
You are in the process of selecting a professional who will know the most intimate details of your life and who will guide you through the process of realizing one of your most treasured life goals. Do not feel pressure to retain the first, second, or even third attorney you consult with if they make you uncomfortable, seem dismissive or inattentive or come off as a jerk.
Follow your instincts in this and you will avoid working with someone you will be frustrated or unhappy with.
Good luck!
About the Author:
Veronica Baxter is a blogger and legal assistant living and working in the great city of Philadelphia, USA. She frequently works with Lee Schwartz, a noted Philadelphia divorce lawyer.
