Decide who you want to handle the legal side of your adoption. In a private adoption, the birth parents transfer their rights directly to the adoptive parents rather than the state or an adoption agency. However, the adoption is still governed by state law and there are many legal procedures and requirements you must meet for the adoption to be granted. Most adoptive parents work with an attorney to guide them through the process.
An adoption lawyer will be knowledgeable on state- and country-specific adoption laws and provide guidance based on your situation, whether it be a private adoption, a step parent adoption, or if you’re a same sex couple wanting to adopt. A lawyer can prepare you for any hearings that may be required in the adoption process. In addition, your adoption attorney can represent you in court if there are legal complications, such as the birth parents changing their minds or trying to extort you.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
We talked with Widrig Law PLLC about using lawyers during the process, and they explained, “Many adoption attorneys will offer a flat fee service. The fee may include document drafting, reviewing, and filing. When the issues are more complex, attorneys will charge by the hour. The rates will vary depending on the complexity of your issue and also based upon the country in which you’re located. You should negotiate the rate up front to avoid any adverse issues later.”
If you choose an adoption attorney as your primary adoption professional, this is considered an independent adoption. In many independent adoptions, the birth parents and adoptive family find each other independently of an adoption professional’s screening and matching services. In some states, adoption lawyers are not legally allowed to perform these screening and matching services.
When my wife and I adopted our son, we were told that we needed to hire multiple attorneys. One to represent the birth mother. One to represent the child. One to represent the birth father. And one to represent us. When we adopted our daughter we needed even more. One for the child. One for the birth mother. One for us. And one for each of the three possible birth fathers! We were outnumbered! Since no agency was involved, the attorney fees, the home study and the court costs were our only expenses. And when it came time to file our income taxes we claimed the adoption tax credit and were reimbursed the entire amount. Both times. We were fortunate. Adoptions can be, and in most cases are much more expensive.