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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November 12, 2010

Dangers of Adoption Today – And How to Avoid Problems

While adoption can bring new love into your family, there are certain dangers involved. You might, for example, work with the wrong agency – or have the wrong worker helping you – and it leads to unnecessary expenses. The solution? This guide offers some help.

The Wrong Agency

You may pick an agency going out of business, for example. They take your money and then file bankruptcy. There are stories of agencies closing after taking thousands of dollars from adoptive parents. This can leave you with little legal recourse. Some adoptive parents, understandably, sue the agency  for dishonest business. If you want to avoid this, be thorough in reviewing the agency. Make sure you hire an experienced adoption lawyer. He or she can look into the agency’s past, that they are state certified, and that you don’t pay too much.

Birth Parent Dishonesty

Another danger is that of birth parents lying to you. You may be promised the child by a birth mother, but then she also promises the same child to another adoptive couple. The mother cashes in on your trust. Be weary of paying out large amounts to the mother before you make any legal agreements. The best way to avoid this is to again work with an experienced adoption lawyer. And remember: not all birth parents do this, and you have legal options if it happens to you.

Problems with the Child
They may lie to you about the child’s health. For example, she might have a disability, or he might have emotional problems, or some other problem. This does occur, especially in cases of intercountry adoption, where the foreign country laws may not catch any health problems. How can you avoid this? Remember that this does not always happen and the majority of the time you can find out early. If you are ever unsure, work with a good adoption lawyer. He or she can look into the child’s history.

Long Delays
Agency adoptions are infamous for being selective of parents and all for their delays. Private agency adoption is one of the longest adoption processes available, if you’re lucky enough to be allowed to adopt a child. Why? Demand is quite high for healthy infants, especially Caucasian infants. You can save time in a variety of ways. Using independent adoption can cut your time table in half. Using a public adoption agency, though it means the child may be older, can also save valuable time. The average adoption takes 12 to 18 months. There are advantages to working with a private agency – such as being more selective and offering counseling – but they can be costly and sometimes time consuming.

Taken Back

One of the worst things which can occur is adoption failure, where you find you cannot raise this child, or where the birth parents decide they want the child back. The solution is to work with the right adoption lawyer. You have more legal protections than you might think. And if it happens you were lied to about the health of the child, you also have legal options. This can be disheartening, but it will not occur if you follow basic guidelines and work with an experienced lawyer.

December 31, 2008

Adoption Warning Signs

Most adoptions go smoothly; however, sometimes problems will come up. Although these issues will require some adjustments, they are not necessarily deal breakers. An adoption attorney or agency will know the best way to avert problems and whom you can trust in the adoption process. Adoption agencies and adoption attorneys handle many adoptions and can guide you through the process with minimal chances of problems occurring. There are some warning signs that you should look out for in the adoption process.

The warning signs for public adoption agencies could include:
• The caseworker not providing details or being vague about the child’s background.
• You are not given the opportunity to know the child’s medical background and status.
• The foster parents are not willing to work with you through the adoption process.
• The caseworker does not return phone calls in an appropriate amount of time.
• Your questions are not answered.
• You are not given the opportunity to get to know the child well before the adoption.
• You are not given the opportunity to meet the child before the adoption.

On private agency adoptions the warning signs are:
• The agency is unwilling or slow to provide references from prior adoptions that they have handled.
• You are not told the number of adoption that they have successfully administered each year.
• The agency is slow or does not return your phone calls.
• A large upfront fee is requested and no fee breakdown is indicated.
• The agency does not tell you or they are vague when the explain how it finds the birth mothers
• They agency is unwilling to give you complete information on the birth mother’s history and background.
• The agency promises a child faster if more money is paid up front.
• The agency pressures you to sign the agency agreement.

The warning signs for international adoptions are:
• The agency does not provide references when requested.
• The agency does not promptly return phone calls or is unable to answer your questions about the child, the adoption or the birth mother.
• The agency does not encourage or allow you to obtain a medical evaluation of the child you have chosen before finalizing the adoption.
• When traveling to the country from which you are adopting the child, the agency does not provide escorts, translators and interpreters.
• A large fee is required up front along with a small application fee.
• The large fee is not refundable if the adoption falls through.
• The agency is unable or not willing to allow you any information on the birth mother.

Most adoptions are successful and are a joyful process. The best defense against these problems is working with a reputable adoption agency or an experienced adoption attorney. The adoption process should be a wonderful experience for you and your family. A problem filled adoption process is very stressful for you and your family and can be averted by using an agency or an adoption attorney.