Whether your pregnancy is planned or unplanned, exploring your options can be confusing, overwhelming, stressful, and hectic. It can be especially confusing if this is your first time progressing through the placement and adoption process. When starting along this journey, it is important to learn and completely and clearly understand the basics. You may find that working with an adoption attorney is a fantastic way to better understand the adoption process, retain your parental rights, and help you navigate through the long process. An adoption attorney is just one of many adoption professionals you’ll work with. And before you begin, below is a list of common questions about an adoption attorney.
Future Focused – Adopting a child is a major life event, and one that will impact the lives of families and children for the foreseeable future. Even when a case is not contested or considered complicated, the process itself can be challenging. Ensuring all issues are promptly and correctly addressed is essential to establishing the legal parent-child relationship you have for the rest of your life, and to avoiding the possibility of complications arising in the future.
The adoption of a child should be one of the most joyful moments of your life. Often, however, the process can be one filled with stress and anxiety, as you work to make certain you have correctly completed all the paperwork and have taken all the steps to safely and permanently bring the child into your home. When you want to minimize the emotional challenges involved with adoption, having an experienced and competent attorney by your side can be critical.

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.
Once the child has met these eligibility requirements they will be placed for adoption by their natural parent or parents. Subsequently, the adoptive parent or parents, legal guardian, a licensed child-placing agency, or the Department of Protective and Regulatory Services, Texas adoptions will then go through a number of steps. The steps for a legal adoption in Dallas, Texas generally go as follows:
You mentioned PA... so Im guessing thats where you are (Im in PA as well). We are adopting a child from foster care and recently went to the lawyer's office. The first step the lawyer told us about the process was to file an "intent to adopt" letter with the court. It was a formal letter that had detailed information about the child, us, bios, etc. Additionally, attached to the letter of intent had to be a copy of our child abuse clearances and a homestudy. Based on how the lawyer walked us through the paperwork, the clearances and homestudy was a must (not just b/c of foster care). He did explain all the law references to us that were in the letter, but I don't have a copy of the intent letter yet that he was filing. (It was a rough draft that we were going over). I really think you will need a lawyer. If you still want to try to do it without one, call the local court and find out what papers you need to submit to request an adoption.
The role of an adoption attorney includes filing the appropriate paperwork to begin, continue, and finish the placement process. Another duty or responsibility of an adoption attorney is to appear with you during adoption proceedings. Your adoption attorney should also help you with completely understanding your state’s specific adoption laws. This is something you’ll want to look for when you begin your adoption attorney search– someone who knows the applicable regulations and laws and how they will apply and affect you.
Stepparent Adoption – Stepparents who adopt a spouse’s child often solidify pre-existing bonds, and engage in a legal process that provides them and the child with legal rights, including the same parental rights as if they were the child’s biological parent and the child’s right to inherit from the stepparent, among others. Our legal team can assist stepparents looking to adopt a child with only one living biological parent, or when the other biological parent consents or objects to the adoption.

They may not be available when you need them most, as attorneys are typically busy with other cases. Many large adoption agencies provide 24/7 counseling and support and have large staffs available to work closely with expectant mothers throughout the adoption process. You may not receive these services if you choose to work with a local attorney to pursue an independent adoption.

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.”
I think in PA it is 18 but I will check into it. I'm very open with her and she could see her birth mother now if she wanted to and we could actually locate her. She met her three siblings last year and now keeps in touch with them. My adopted son (now 20 years old) has no interest in meeting with his bio mom or siblings but I've always been open with him and left him know it was an option.
An adoption attorney is a lawyer who either solely focuses on adoption-related cases or who takes on adoption clients alongside his or her other non-adoption-related clients. If you feel more comfortable with an adoption attorney who only works with adoption, that is perfectly fine. It is important that you feel comfortable with whomever you choose to represent you and your child. Keep in mind that there are no additional certifications to be an adoption attorney. It is simply whether or not the attorney deals with adoption-related cases. However, there are courses or classes available to help attorneys understand adoption laws, regulations, and policies.
The adoption process can be arduous, forcing you to clear many hurdles before you can finally bring a child home. We will be there with you at every step, providing counsel as you complete applications, advising you regarding home studies and helping you obtain all the necessary documentation to finalize the process. We will handle all matters related to the termination of parental rights, if required, to finalize the adoption. When necessary, we will act as your advocate with birth parents, negotiating agreements to cover medical or other expenses incurred by the birth or care of the child before the adoption.
The Indian Child Welfare Act (ICWA) protects the break-up of Native American families through adoption. Every state has its own rules about how to comply with ICWA, and the laws that regulate this are specific and serious. The main thrust of ICWA is that you must ask the biological family about their potential Native American heritage and document their answers. The courts will want proof that this inquiry was made and completed correctly according to the law. This usually involves completing specific, preprinted forms that vary from state to state. If a birth parent has heritage, notice of the adoption must be provided to every band and tribe of eligibility. Identifying and researching the proper person for notice can be laborious and time consuming, especially if you’ve never done it before. An experienced adoption attorney will know which forms must be completed and by whom. She or he will also know where and with whom to file the forms so as to be in compliance with ICWA. The attorney will also know the proper consent documents a birth parent must sign if the child is deemed Native American. The adoption is at risk if ICWA isn’t properly complied with. (See in re Baby Veronica).

You need to have a lawyer. You can't involuntarily reliquish. Relinquish means your are voluntarily giving up the child. Both parents have to voluntarily relinquish or have involuntary TPR done by a judge in court. The birthparents rights have to be terminated by a judge before you can begin the process to adopt. Usually an adoption agency handles the TPR signing. With an independent adoption, you have to have an attorney. First they will locate the birthmom & have her sign consent. Then they will attempt to locate the birthfather. If they don't know the whereabouts of the birthparents, they will have to make some kind of attempt to locate them. Usually it means sending a certified letter to the last known address, they can contact motor vehicles for address on a driver's license, and/or put a notice in newspapers in the areas where the birthparents might be living. If no one comes forward, the judge will usually TPR the parents based on abandonment and then you can adopt. The judge will need a homestudy since you are adopting a child who is not a relative of yours.

At Bailey & Galyen, we have been protecting the rights of individuals and families throughout Texas for years. We understand the intense emotions involved in the adoption process and are committed to providing a high level of person attention and service throughout the process. We work hard to be available whenever you need to talk with us, listening carefully to your questions and concerns. We will always keep you fully apprised of any developments in your case, as well as your options moving forward, so that we can minimize the stress and anxiety that comes with uncertainty.
There are many methods available for finding an adoption attorney that is best for your specific situation. If you know of anyone who has been in a similar situation, ask him or her for referrals and contact information for the adoption attorney he or she used. You can also contact local adoption agencies. They should have a list of adoption attorneys they’ve worked with before. Consider joining and actively participating in a support group. This is another great way to receive contact information or adoption attorney referrals. And one of the easiest ways to receive contact information is through our professional directory. Your search can be state-specific and professional type-specific.

Because of the complexities of the adoption process and the potential for negative consequences, it is not recommended that you attempt to do an adoption pro se. Even a consent adoption within the family, for example, an aunt and uncle adopting a nephew with full consent of the birth parents, should still be prepared and shepherded through the court by an attorney.
The Indian Child Welfare Act (ICWA) protects the break-up of Native American families through adoption. Every state has its own rules about how to comply with ICWA, and the laws that regulate this are specific and serious. The main thrust of ICWA is that you must ask the biological family about their potential Native American heritage and document their answers. The courts will want proof that this inquiry was made and completed correctly according to the law. This usually involves completing specific, preprinted forms that vary from state to state. If a birth parent has heritage, notice of the adoption must be provided to every band and tribe of eligibility. Identifying and researching the proper person for notice can be laborious and time consuming, especially if you’ve never done it before. An experienced adoption attorney will know which forms must be completed and by whom. She or he will also know where and with whom to file the forms so as to be in compliance with ICWA. The attorney will also know the proper consent documents a birth parent must sign if the child is deemed Native American. The adoption is at risk if ICWA isn’t properly complied with. (See in re Baby Veronica).
The law limits the amount of time a child may stay in foster care by establishing shorter timelines for determining when she or he must have a plan for permanency. The law states that permanency court hearings must be held for children no later than 12 months after they enter foster care and the law also states that termination of parental rights proceedings must begin for any child who has been in the care of a state agency for 15 out of the most recent 22 months. Exceptions may be made to this requirement if the child is in the care of a relative or for other compelling reasons.
3. PROFESSIONAL LICENSING AND CONSUMER RATING – Check if they are licensed in your state. You can also look at www.adoptionattorneys.org which lists attorneys who have been vetted by the American Academy of Adoption 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.

Adopting a child or children is one of the most loving things a family can do. Adoption creates new families and provides children with a loving and nurturing home. At Queenan law, our Dallas, Texas adoption attorneys provide comprehensive legal services in all types of adoptive placements, private or agency, open or closed, domestic, interstate, and international.

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