Adoption Law

The adoption process is a very emotional one, and it is always wise to take a step back from time to time to evaluate the situation and make sure that everything is in order...

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October 4, 2010

Who Can Be Adopted?

You can ensure a successful adoption by educating yourself on the laws involved. You can do one better by hiring an adoption attorney to explain how the process works. Few parents who adopted would tell you to forgo hiring a lawyer. It opens up opportunities and protects you legally.

But who, exactly, can you adopt?  Can you adopt any available child you want? There are some different laws on this to understand who can be adopted.

According to ChildWelfare.Gov, the states Colordado, Indiana, and Rhole Island have laws where the child must be under 18.  The site also notes, “Five States (Connecticut, Delaware, Montana, Texas, and Wisconsin), American Samoa, and Guam specify in statute that the child must be legally free for adoption.” Some states also have laws on having the child in the same state when filing the adoption petition (in other words, if you adopt from France, the child must be in your state to adopt in the U.S.). Also according to the site and more helpful for us is that fact “ any person or entity who has the right to make decisions about a child’s care and custody may place that child for adoption.” Those are the laws, so who can help?

Who can place a child for you?
Some states require you to find a child through an adoption agency. An agency can be difficult, costly, and time consuming for many parents. However, most agencies are very helpful in filing out proper documents, consulting with you about the child and how best to raise him or her, and can even help you find a child from a specific culture or group. You have other options, namely independent adoptions, where you can find birth parents (or a birth mother) who is having a child up for adoption. This can save you a lot of time.

How does a lawyer help?

A lawyer can be invaluable in navigating all the complex adoption laws, especially state adoption laws. Each state is different. If you are unsure of your state laws on adoption, a lawyer can help. If you have questions or concerns, a lawyer can help. In other words, it’s almost mandatory to consult with a lawyer. While a professional charges a fee, it protects you legally.

How long will it take?

Adoptions can take anywhere from one year to years. Agency adoptions are infamous for putting prospective parents on waiting lists for years. However, you can speed up the process by being less specific about the child you want. A child from another culture or ethnic background, an older child, adopting a pair of siblings who will not be separated – going these routes can save you time.

Can you save on fees?

Adoptions agencies can sometimes break the bank. With some fees going $50,000 if not more, many of us simply cannot afford a child (or think so). There are many ways to save money on bringing a new boy or girl into your family. Not all agency adoptions are incredibly expensive. Independent adoptions can also save you a lot of money and legal fees. An experienced adoption lawyer may even have contacts to help you find a child without paying huge legal fees. While it will never be easy on the pocketbook, it can be very affordable.