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Adoption Attorneys

What Do Adoption Attorneys Do?

Adoption law falls under and is mainly governed by the states in which the parent and child live. Adoption law requires adoption attorneys to establish a process by which a legal parent-child relationship is created between individuals not biologically parent and child (adoption process). The biological parent gives up all parental rights and obligations, and these rights and obligations are assumed by the adoptive parents.

These days, there are a lot more options available to adoption attorneys for the adoption process. Adoptive families can adopt a child much easier than ever before. For example, as an adoptive parent, you can choose a closed adoption where the parents remain anonymous, or opt for the increasingly common open adoption where you actually meet and can maintain contact with the birth parents. Your adoption attorney can help you adopt a child from another country (international adoption) or one of a different race or ethnic background. You can even adopt a "special needs" child who may have physical, mental or behavioral disabilities. Some children are also considered "special needs children" because of their age or minority group status.

Ways your adoption attorney can help you adopt a child:

Agency Identified Adoption - an adoption through a public or private agency.
Domestic Partner Adoption - Under a new law in California, a same-sex partner can adopt his/her partner's child under stepparent adoption procedures as long as the partners are registered with the state as domestic partners.
Identified Adoption - a new and innovative way of adopting an infant. An identified adoption is created when adoptive parents and birth parents connect with each other directly or through an intermediary.
Independent Adoption - where the birth mother personally selects the adoptive parents through personal knowledge of them.
International Adoption - an adoption in which the adoptive child is a citizen of another country. Relative (Kinship) Adoption - an adoption in which the adoptive parent is related to the child (e.g., grandparents adopting grandchildren if parents die or are otherwise unable to care for the children).
Stepparent Adoption - a parent's new spouse adopts child that the parent had with a previous spouse.

Adoption Questions Answered

Can a court of law bypass an adoptee’s access to restricted records, or allow access to non-disclosure relatives?

California law permits an adopted adult to petition a court of law in order to receive identifying information contained in sealed records. However, this access is highly circumstantial, and significant cause must be proven to the Court in order for the information to be given. Variations of significant cause include: a showing that the release of such information is in the best interest of all parties and the public, health or medical reasons, or if the actual adoption was a product of potential fraud or misrepresentation of the birth parent(s)

Contacting a birth relative that has filed a request for non-disclosure is a very complicated issue that requires the help of a skilled adoption attorney. Filing an adoption veto to retain anonymity is the legal right of birth parents and birth relatives, and an adoptee who wishes to dispute that right and initiate contact may be faced with heavy legal issues, regardless if a court of law released identifying information. Parties who signed a request for non-disclosure may choose to retaliate and sue based upon insufficient grounds for contact. If you are an adoptee who wishes to contact your biological relatives, who have a filed a request not to be contacted, seek the professional counsel of an experienced adoption attorney who can advise you of your rights and the legal options available to you.

Can prospective adopters seek legal compensation for a default adoption?

Yes. In disputed termination of parental rights cases, in which the biological parent(s) decides to keep the child, the prospective adoptive parent(s) may be eligible for payment of adoption attorney fees through the adoption subsidy program, a refund of all expenses paid to the birth mother during the pregnancy, and compensation for emotional pain and duress. If you have been involved in an adoption procedure that did not end successfully, or you feel your adoptive rights have been violated, contact a qualified adoption attorney who can advise you of your legal options of recourse.

Should I Hire an Adoption Attorney?

The legal procedure by which a formal legal adoption occurs differs from state to state. An adoption attorney specializing in adoptions knows the particular procedures and laws of the state in which you live. With the assistance and representation of a qualified Lead Counsel adoption attorney, you can be better assured that all the procedures are properly followed in the adoption process to make the adoption legal and binding.