If you plan on adopting, an adoption and paternity attorney will be an essential addition to your team of experts. These professionals are licensed court officers who are trained to deal with adoption law matters. To execute their duties appropriately, adoption attorneys possess a strong command of issues such as international adoption laws, privacy laws, family trusts, and federal adoption law. Below, we discuss what to expect from your adoption lawyer.
How Do Adoption Attornies Work
An adoption attorney's primary responsibility is protecting the legal rights of both women and hopeful adoptive parents considering adoption. They ensure that each adoption process runs according to state and federal laws to ensure that legal and ethical standards are met. Adoption lawyers work hand in hand with adoption agencies, with the attorneys helping adoptive parents pursue their preferred adoption methods.
Adoption attorneys can also provide services on their own, specifically when an adoptive family only needs a legal expert to finalize an adoption or where you want to find an adoptive opportunity independently without the help of an agency.
What Do Adoption Lawyers Do
Adoption lawyers perform several functions, with examples of these being:
Helps you find your preferred adoption route, especially if you are a non-traditional family.
Stays on top of current local, state, and federal laws
Provides legal support and counsel throughout the adoption process
Represents you and attends court appearances
Helps you meet your contractual obligations
Prepares paperwork on behalf of adoptive clients
Helps clients negotiate terms and conditions stipulated in the adoption
Deals with legal actions and disputes when they arise
Facilitates communication between clients and adoption agencies
Types of Adoptions
A private adoption refers to adoption where the birth mother or birth parents place their child up for adoption, which often allows them to choose the adoptive family. Private adoptions can further be divided into two categories, with the first option often relying on agencies to facilitate adoption. The second is an independent adoption where adoptive parents know the birth parents or where adoption is intrafamily. Based on the child's interest, adoption can either be closed or open.
Interstate adoption refers to adoption across state lines, with this process often requiring adoption attorneys who are well versed in different state laws. Due to the Interstate Compact on Placement Of Children, adoptive parents have to consider the laws of both the receiving state and the sending state. For an interstate adoption to be successful, the birth parents have to terminate their parental rights or consent to adoption.
Contested adoption comes with a few setbacks, given that in most cases, one parent may be willing to put up the child for adoption while the other is not willing to do so. In other cases, a birth father may be ready to go through with the adoption only for a DNA test to reveal that the child is not biologically his. When this happens, the adoptive parents can either choose to go ahead with the contested adoption or withdraw from the process.
Foster Care Adoption
Foster care adoption refers to the adoption of a child from foster care. Under this adoption process, the biological parent's rights are often terminated by a court. Individuals eligible to adopt under this form of adoption are the foster parents who currently care for the child or another adoptive family.
Under this form of adoption, citizens of a specific country can adopt a child from another country. For the adoption process to occur, the adoptive parents are required to satisfy the laws of the state they live in and those of the host country. Upon approval, the child is granted citizenship in the country of the adoptive parents.
Why We Need Lawyer for Adoption
The adoption process entails numerous laws and regulations, from the local to the international scene. Getting through this means filling out significant amounts of paperwork with any erroneous omissions likely to hurt your chances of adoption. This is why we need lawyer for adoption, as they are trained to tackle every process and legality of the adoption process.
If you prefer using adoption methods such as independent adoption, lawyers will also help you navigate processes that typically fall within an agency's responsibilities. A few services that they can help with include locating birth mothers, overseeing living expenses, and helping establish a clear line of communication between the parties involved. Their role in the above areas is another reason why we need lawyer for adoption.
Smith Wolf Anderson Wikinson is here to help you get the right adoption attorney if you need legal advice and guidance on your adoption process. Reach out to us today to help you with your documentation and legal adoption matters.