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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September 24, 2010

6 Points Agencies Look for In Adopting Parents

What do adoption agencies look for from parents interested in raising a child?

Some warning signs are obvious. If you have a violent criminal record, have a drug record, or other clear legal problems, you may be looked down on. You have to remember that the child’s safety is #1. Even minor problems, noted in this blog guide, can delay if not stop the adoption process.

You don’t have to work with an adoption agency, as most states allow independent adoption. But working with an agency can be very affordable, and you can get your child in a fair amount of time.

If you work with an adoption agency, you should also consider working with an experienced adoption lawyer. An adoption lawyer does not work free of charge, but because there are so many laws and protections for the child, it can save you a lot of time, headaches, and money by working with one. If you are unsure of how to begin, wonder if agency adoption is right for you, or deciding on another route, a professional adoption lawyer in your area can help.

Each child is different and requires different things from his or her parents. Adoption agencies look for the following, generally,when giving a child a new family and home.

Are you willing to learn?
If you have no interest in learning to raise a child, why do so? If you fail to seek guidance on certain issues, it can affect the child. Every parent has to learn things when a new child comes into the family. You need not be perfect, but if you can learn and ask for help, an agency can work with you.

Do you have time?
If you and your spouse both have days filled with work and nights filled by more work or partying, do you really have time for a child? Even if one parent stays home, it’s important to understand this child may create some sleepless nights and problems. But if you put the time into it, if you free up a work day or spend the early years very involved, that strengthens your case for adoption.

The Life Before
The child may have had some major events already happen to him or her. Good or bad, you have to acknowledge this. A child given up by a parent who simply could not take care may have some emotional problems. You need to address these early, to acknowledge this point in his or her life.

You’re Patient, Friendly, and Devoted
You need to be far more than these in order to raise a child, but it’s a good start. Patience during this process, and while the child grows, is critical. As all parents learn, sometimes patience is the best philosophy to have. Agencies may also consider how friendly you are to them, and how devoted you are to properly raising this child. If you have plans and dreams for your son or daughter, share them.

The Good and Bad
While there are many other points agencies consider, consider that this will be a dramatic change in your life. Agencies want someone who will stay with this child through good and bad.

If you are unsure of how to get this process started legally, contact an experienced adoption lawyer.

September 19, 2010

Adoption Types You Need to Know

The joy a child can bring to a family has limitless value, but the legal process can be confusing. After all, what happens if you make legal mistakes? If you’re just starting out in the process of bringing someone into your family, there are some types of adoption you should know about. This blog guide can help.

What are agency adoptions?
Agency adoptions are quite common, and occur when a public agency orchestrates the adoption with the adoptive parents. The child is given up by his or her birth parents, and then the child is given over to new parents through the agency.  There are private agencies who do this as well. Both public and private agencies are regulated by state laws.

What are independent adoptions?
If you go directly to to the birth parents to adopt a child, that is an independent adoption. You make your own arrangements, perhaps with the guidance of a lawyer. These too are regulated by state laws. Independent adoptions can be very complex, mainly in order to protect the child. Most states allow you to adopt the child in this way, but laws can differ and are quite strict. Working with an experienced adoption attorney is advised.

What are identified adoptions?
Identified adoptions are a sort of combination of agency adoptions and independent adoptions, where the birth mother and adopting parents find each other then go through an adoption agency to finish the process. This has some advantages, namely the fact the adopting parents can forgo waiting lists. Some states which do not allow independent adoptions do allow identified ones.

International Adoption Laws

If you adopt a child from a foreign country, that is called an international adoption. The laws here are lengthy. Since you have to follow both U.S. and the foreign country adoption laws, and follow certain international codes, a lawyer is recommended. There are agencies who specialize in international adoptions here in the states. All state agencies involved in this must be state certified.

Other Adoption Types
There are many other common forms of adoption. This includes stepparent adoptions, same sex adoptions, relative adoptions, and adult adoptions. Each is different, and as always, getting legal help is wise.

Getting Legal Help

If you’re unsure of how this process works, you should consult with a local, experienced adoption attorney. Since state laws differ and have different agencies, you want a local attorney. Because mistakes can delay the process if not stop it, having an experienced attorney is also important. It can be a big change for your family, and an exciting time, but be sure you have the proper legal help.

September 17, 2010

Legal Fees for Adoption – And Tips on Choosing a Lawyer

The best thing to happen to your family quite often costs some money. You really can’t put a price tag on a child, of course. If, for example, you and your spouse are unable to have children, obviously price is subjective. However, there are fees for adopting and fees for representation you should know about. This blog guide keeps it crystal clear, but remember these fees can all vary.

The Basic Fees for Adoption

Foster care adoptions are typically the easiest on your family’s bank account, from no money whatsoever to $2,500. If you go through a licenses adoption agency, it can range from $5,00 to $40,000. Independent adoptions, when allowed, cost from $8,000 to $40,00. Facilitated adoptions cost from $5,000 to $40,000. And finally, intercountry adoptions can range from $7,000 to $30,000.

These are basic rates listed online, are subject to change, and vary depending on who you work with. These may seem to be quite high, which is understandable. The most common adoptions, through private agencies, are a good example of why: there are some legal hurdles to go through in order to best protect the child’s interests.

If you want to get through this process, you should also consider the value of a lawyer.

Choosing a Lawyer
Since adoption laws are so complex, one of your most important decisions you’ll make is who you hire for representation in court. Since all domestic adoptions must be finalized in court, it’s smart to have some representation. There are many capable adoption lawyers who can help. You will likely be first looking at price, but look at the value your lawyer gives you, how helpful he or she is to you, and how effective he or she is in court. The best way to choose a good adoption lawyer is not to make up your mind too fast; you should consult with several and look over their experience. You need not go with the cheapest or the most expensive. You will likely find an experienced lawyer in your price range if you look at a good number of candidates.

Can you forgo a lawyer? Yes, you can. It’s not required to have legal representation, but having someone with experience on the subject can stop any more problems from occurring. Since these are legal matters, unless you have a lot of experience in adoption law, you should consider a lawyer.

How much for a lawyer?

Adoption lawyer fees typically go from $2,000 to $12,000, depending on the time involved, the lawyer’s experience, and the complexity of the case. You might pay more for an international adoption, for example.

You are paying for more than representation in court. You are also paying for your lawyer’s experience in documentation and laws. The best adoption lawyers walk you through every step of the process, save you valuable time, and help get the adoption finalized.

March 23, 2009

Bill and Susan’s Story of International Adoption

My friend, Susan and her husband Bill, were happily living in Arizona. Both professionals in their field and living the good life except for one thing. They desperately wanted children. Both of them felt that their lives would be complete if they had children.

The couple researched infertility treatments and like most other couples, found that they are very expensive and very emotionally draining. Not to mention, tons of visits to the doctor’s offices with no guarantee of success.

Susan and Bill went through the whole infertility regime for 2 years and at the cost of approximately $10,000 before deciding not to resume more treatments.

A caseworker that Susan knew through her consulting work suggested another option, adoption. At this point, Susan was 26. They were unsure if this was the direction, they wanted to take. Domestic adoptions are usually quite a long process and do not provide much of a guarantee of healthy infant. By the age of 29, they decided to adopt an infant to bless their family internationally.

They had heard about some success stories of other couples adopting through South Korea, so they, after much prayer and contemplation, chose that route. They used Dillon International out of Arizona, because they felt that the organization was committed to the lifetime care of these children.

Dillon International is based on the concept and belief in the Great Commission of Jesus Christ. More research is available on Dillon International by going to http://www.dillonadopt.com.    

In South Korea, when a woman becomes pregnant she has the option of hiding the pregnancy until birth or go to one of the Korean Social Services until the baby is born. In South Korea several years ago, most birth mothers kept the pregnancy a secret. Society and their families could completely reject them and turn them out to the streets. If society and the families knew of the pregnancy, these women could and most times became unemployable and unmarriageable. If the biological father wanted to acknowledge the baby he would have the child listed in his family blood lines, because most families follow the teachings of Confucius and the blood lines are very important. These children are then listed on the family registry. 

Once the birth mother decides to check into an adoption birth home, she would relinquish her rights upon checking in. Most birth mothers relinquished their rights to the baby by either her signature or a red thumbprint on the documents in lieu of the signature. She is also asked to write a brief paragraph of herself and the biological father and divulge any family medical history if she so choose. With the lack of government documentation as it is here in the United States it is possible for the birth mother to give a fictitious name and/or not even mention the biological father’s name. 

Once these babies are placed in orphanages they are usually cared for by foster parents. These are usually of grandparent age. These parents are provided with the formula, diapers, wipes, etc. that they baby would need. They are responsible for making sure that the babies receive all the proper medical care and immunizations. These babies are emotionally, physically stable babies, and lack many of the issues that come with babies and infants that have been institionalized. Most children past the age of three are not available for international adoption and are cared for by foster parents, families of the biological parents or orphanages. 

(more…)

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.

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