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.
Each step you complete prior beginning the adoption process prepares you and your family to bring a new child into your home — and helps ensure a seamless integration with your family. These steps are basically the same for families who wish to open their homes to children in need of foster care. Your Dallas family law attorney at GoransonBain Ausley can help guide you through the adoption process.
From your post, it sounds like you want to do a private adoption without the birthparents involvement. Unfortunately, it's not possible to go around the birthparents' rights. They have to be notified of your intention to adopt & you have to have their consent. And like I said, if you want to go the "I can't find them" route, it has to be an honest "I hired a private investigator and here is everything we've done" kind of situation. You have to convince a judge (who doesn't terminate parental rights on a whim) that you did everything humanly possible to contact that birthmom
Court Familiarity – Adoption lawyers have the experience needed to navigate family court proceedings. For individuals looking to adopt a step-child, grandchild, or relative, for example, a formal petition will need to be filed and the parental rights of biological parents terminated. In addition to helping complete petitions and advocate for your rights, adoption lawyers can also address other legal matters involved – including eligibility, discrepancies between jurisdictions or adoption agencies, parental disputes, and more.
Each state in the United States and each province in Canada has a special department which deals with the affairs of children, youth and families, including child adoption. Some counties have a similar department. These departments go by many different names, and may be a part of the state's department of social services or human services. They provide services, case management, and permanency planning for children who wait in foster care. Some also approve families for adoption.
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.
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.
To help you on your way there are a few people you will be in contact with. Here we will describe the roles some of these people play. To adopt a waiting child or teenager, you will work primarily with an adoption agency. It is only at the end of the process that you will need an adoption attorney / lawyer, who will prepare the paperwork to be filed and represent you in court.
Adoption may be a new process for you. Since it is a legal process, you will need an attorney to guide you and ensure that the adoption meets all state laws and regulations. In some states, an attorney is needed from the start of the process (i.e., in New York State adoptive parents must be Pre-Certified through their local court prior to taking custody of a child). All adoptions need an attorney to finalize the parent-child relationship through the court.
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.