Practice Areas and Legal Definitions

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Step Parent Adoption:
The traditional step parent adoption involves a woman who has remarried and has a child (or children) from a previous relationship. The same process is followed when the stepmother of a child wishes to adopt. When there is little or no contact with the biological father, the primary father/child relationship forms between the step parent and the child. Under such circumstances, it is important to proceed with an adoption, so that the step parent has legal recognition as the child’s parent. Without this legal status, the birthfather may be able to assert his rights as a parent, should the mother (father) become incapacitated. A step parent adoption therefore offers security to the child and family.

The birthfather must be given notice of adoption proceedings. Ordinarily, the birthfather is supportive of the adoption. The birthfather no longer owes child support once the adoption is finalized. He is still responsible, however, for any back child support incurred up to the time of the final adoption. A consent is presented to the birthfather for signature. If the birthfather signs the consent, the birthfather’s rights are voluntarily terminated and the step father may proceed with an adoption.

If the birthfather refuses to sign a consent, or it is impossible to locate the birthfather, it is still possible to terminate the birthfather’s rights. It may be necessary to publish notice to the birthfather in a newspaper with general circulation in the area of the birthfather’s last known address. This gives the birthfather notice of the proceedings and, if the birthfather fails to respond, his rights are terminated by the court.

Private Adoption:
In a private adoption (also known as an independent adoption), prospective adoptive couples are matched with a birthmother. The adoptive couple either learns of a birthmother and then retains an attorney or the couple requests that the attorney present them to a birthmother for a possible match. The birthmother may meet with the adoptive couple and discuss the role the adoptive couple will play during the birthmother’s pregnancy, as well as possible contact between the birthmother and child once the adoption is finalized.

In Washington, the attorney prepares consents for the birthparent(s) prior to the child’s birth. At least forty-eight (48) hours after the child’s birth, the birthmother attends a court hearing with the attorney and voluntarily relinquishes her parental rights. The child is then placed in the temporary care of the prospective adoptive parents pending a final adoption hearing. In Idaho, the birthparents must sign a consent in the presence of a judicial office.

The birthfather must also consent to the adoption or have his rights involuntarily terminated. If the birthfather refuses to consent to the adoption, it is still possible to terminate the birthfather’s rights. The birthfather is served with a petition to terminate his parental rights. If he fails to respond within a certain number of days, a default is taken and his rights are terminated.

In Idaho, if a birthfather fails to register with the Idaho Bureau of Vital Records and Health Statistics, his rights may be forfeited and a consent is not necessary.

If the whereabouts of the birthfather are unknown, a notice can be published in a newspaper with general circulation in the area of the birthfather’s last known address. This gives the birthfather notice of the proceedings and, if the birthfather fails to respond, his rights are terminated by the court.

The adoptive couple must obtain a pre-placement report prior to having a child placed in their care. The couple provides biographical, financial, and medical information. A caseworker, authorized by the court, then prepares a report which is filed with the court. After the child is placed in the home, the caseworker again meets with adoptive couple and child. A post-placement report is then filed at the time the adoption is finalized.

International Adoption:
There are a number of different agencies throughout the United States which place babies and older children from foreign countries with couples in the United States. Each agency has its own requirements. For instance, many require that the adoptive couple be under the age of 40. For particular requirements, contact the agency directly.

The prospective adoptive couple must meet with a caseworker associated with the agency and have a pre-placement report (homestudy) performed. The couple must provide social history, medical history, financial status and other information. Once the adoptive couple is approved, the agency matches a child with the prospective adoptive couple.

In some countries, the adoptive couple adopts the child in the foreign country. Upon their return to the United States, the child must be re-adopted in order to obtain a United States birth certificate. In other countries, the child is placed in the adoptive couple’s care and the adoption is finalized in the United States.

It is also possible to adopt a child from a foreign country privately. A pre-placement report is still required and must be obtained from a caseworker who is associated with an agency licensed in the United States. The attorney handles the termination of parental rights and the finalization of the adoption.

Agency Adoption:
There are a number of different agencies which provide a wide range of adoption services. For infant adoption, most agencies practice openness and have the birthparent(s) select the adoptive parents and meet with them. The adoptive parents and birthmother may agree to limited contact between the birthmother and child once the adoption is finalized. Agencies charge placement fees to adoptive parents which vary according to family income and the special needs of the child. Agencies are also able to offer foster care services for children and a variety of homestudy services. Agencies provide free and professional counseling to birthparents and their families. Check with the specific agency for the services they provide.

In an agency adoption, the formal custody transfer is from the birthmother to the agency, and then to the adoptive parents at finalization. Finalization occurs after the post-placement visit and report and is usually completed within one to six months. The longer post-placement period is for children with special needs and for older child adoption.

Foster Care Adoption:
The state of Washington removes children from their mother or father when the children are at risk of harm. The child is then placed in a foster home. The parents of the child are offered services in the hope of reuniting the child with their biological parents. In some cases, however, the biological parents are unable to provide adequate care and the parental rights of the birthparents are terminated.

The state offers prospective adoptive couples the opportunity to participate in a foster/adopt program. The prospective adoptive couple attends classes and becomes licensed as a foster family. A child is then placed with them. If the reunification services for the birthparent(s) are successful, the child may, in fact, be removed and returned to the birthparents. However, if the birthparents’ rights are terminated, the child is then free for adoption, and once the family is approved by a caseworker, the family may proceed with an adoption of the child.

Once the parental rights are terminated, it is necessary for the adoptive couple to retain an attorney, for the purpose of finalizing the adoption. In these situations, if the couple qualifies for adoption support services, all fees and costs of the adoption are paid by the state of Washington.

Adult Adoption:
In a family where a step-father has raised children to the age of majority, the children, now adults, may desire to formally recognize the parent/child relationship with their step-father by completing an adult adoption. The formal adoption proceeding is a very joyous occasion which formalizes a relationship that, in many cases, has existed for many years.

It is not necessary for the adult adoptee to give notice to his or her birthparents. It is also not necessary to terminate the parental rights of the adult adoptee's birthparents. Some adult adoptees choose to inform their birthparents of the legal relationship established with their step-parent, but such notice is voluntary.

In the State of Idaho, the adult adoptee may be adopted by an Idaho resident. The prospective adoptive parent must show the existence of a parent/child relationship for more than one year while the adult adoptee was a minor or, if less than one year, show through an investigation that a substantial family relationship has been created.

Guardianship:
A guardianship action is filed for a number of reasons. Any time there is a person who is incapacitated and requires a competent adult to make medical or financial decisions on that person’s behalf, guardianship is an option. Any person, under the age of 18, is considered to be incapacitated because they have not reached the age of majority. If a child is residing with a family other than that child’s legal parents, a guardianship action would name those adults as the guardians of the child and would allow the guardians to then make medical decisions and financial decisions on behalf of the child. The guardians would also be able to enroll the child in school and make other decisions necessary for the child. Guardianship actions are also filed on behalf of adults who have become incapacitated.

In a guardianship action, a guardian ad litem is appointed for the incapacitated person. The guardian ad litem meets with the incapacitated person and with the proposed guardian and then recommends to the court whether a guardianship is necessary, and if so, whether the proposed guardian is the appropriate person to act in that capacity. The fee for the guardian ad litem is paid from the incapacitated person’s funds. Attorney fees will vary, depending upon the complexity of the matter.

If you or someone you know in Washington State or Idaho needs the assistance and skilled legal counsel of an experienced Spokane, Washington Adoption Lawyer, call Attorney Mark R. Iverson today at 866-359-0992,or complete the contact form provided on this site to schedule your free consultation.

Professional Profile

If you or someone you know in Washington State or Idaho needs the assistance and skilled legal counsel of an experienced Spokane, Washington Adoption Lawyer, call Attorney Mark R. Iverson today at 866-359-0992,or complete the contact form provided on this site to schedule your free consultation.

Mark R. Iverson

Mark R. Iverson is an attorney specializing in adoption. A 1985 graduate of Gonzaga University School of Law, Mr. Iverson is married and has three adopted children.

Mr. Iverson is licensed to practice in the states of Washington and Idaho, providing legal services for adoptive families in the following areas: Step Parent Adoption; Private Adoption; International Adoption; Agency Adoption; Adult Adoption; and Foster Care Adoption.

In addition, Mr. Iverson handles guardianship matters.

Attorney Mark R. Iverson provides superior quality legal services at reasonable prices. His firm is committed to providing exceptional customer service to clients seeking legal counsel related to adoption and guardianship matters.

ADDRESS OF THE FIRM:
Mark R. Iverson, P.S.
921 W. Broadway, Suite 301
Spokane, WA. 99201
Phone: 866-359-0992

If you or someone you know in Washington State or Idaho needs the assistance and skilled legal counsel of an experienced Spokane, Washington Adoption Lawyer, call Attorney Mark R. Iverson today at 866-359-0992,or complete the contact form provided on this site to schedule your free consultation.