04/ Your Adoption Attorney
Step Four: Why you need an attorney to adopt
The Complete Guide to Adoption in Kansas ~ Your Adoption Attorney
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So far you have learned who the adoption professionals are, what the different types of adoption are, and how the adoption process works, now you may now be asking yourself; “Do I really need an adoption attorney?” The short answer is YES! The long answer is you should choose an adoption attorney who has experience with all types of adoption situations to ensure the adoption goes smoothly no matter what type of situation may present itself along the way.
What follows is an excerpt from the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website. The Academy’s mission statement is, “The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.” This guide has not been produced in conjunction with nor has it been endorsed by AAAA.
Why You Need an Adoption Attorney
The legal processes for adoption and assisted reproductive technology (ART) matters are complex, whether you want to become a parent through adoption or ART, or you are a birth parent considering placing your baby for adoption, or you want to donate sperm, eggs, or embryos, or you want to become a surrogate. An attorney can do the following for you:
Explain and discuss the legal options available to you
Help you decide which option is right for you
Help you understand your legal rights and obligations
Help you think through eventualities you may not have thought of
Guide you through the process
Prepare and review relevant paperwork
Prepare you for the home study
Communicate with the adoption agency if you are using one
Be your advocate and protect your legal rights
Ensure that all applicable laws, ethical rules, and best practices are complied with so that the end result is legally secure and not subject to challenge
Choosing the Right Adoption Attorney
When you are considering adoption, your best guide is your adoption attorney. Your attorney should understand the complex legal requirements and should answer your questions, ensure your legal rights are protected and provide support throughout the process. How do you find the right attorney?
Timing. Contact an attorney as early as possible in the process.
Experience matters. Your attorney should have a great deal of experience handling adoptions and should be experienced in the type of adoption you are considering. Ask what percentage of their practice is dedicated to adoption. Ask how many similar cases he or she has handled in the past year or in the past five years. Ask how those cases turned out - were they successful? Were there roadblocks?
Research your attorney. See what others have to say about your attorney. Google them. Look at their website and check out their reviews. Look on Facebook, Avvo, Yelp, and Martindale Hubbell to see what other families have to say about the attorney and ask local adoption-related organizations for referrals. Talk to others who have adopted and get referrals. Ask lots of questions.
Communicate. Talk to your potential attorney via phone or in person. Ask how the process will work and any other questions you may have. Do you understand the answers? Do your communication styles fit? Make sure you find someone you trust and with whom you will enjoy working. Again, ask lots of questions.
Costs. Understand the cost of the adoption you are considering including legal fees as costs will vary. Much of the cost of a private or agency adoption is determined by the budget set for living expenses for the birth mother.
The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) requires that its Fellows have extensive and diverse experience in adoption matters and extensive experience in these areas of law, regularly participate in “state of the art” continuing legal education to make sure they are up to date on current laws, best practices, and have rapid access to legal resources in other states and countries.
Three Reasons Why You Want to Retain an Adoption Attorney From the Start
Adopting a child is one of the most significant decisions you can make. Upon the finalization of your adoption, you will have all the legal rights and responsibilities of parenthood. Each adoption is different, and the process can take months or even years if the adoption is contested. Since it’s a constitutional right to parent your child, any process that gives those rights to someone else should err on the side of caution. The government, the judge in your case, wants to ensure that the people who want to adopt can provide an environment for the child to thrive. With this, the adoption process is usually slow and steady, and having legal representation will be helpful every step of the way. The following are some ways that an attorney can help those you want to adopt.
1. A Detailed Explanation of the Adoption Process
Adoption is a process. Even though adoption is considered “happy law,” it can be as complicated as any other area of the law. There is much more to it than drawing up the paperwork and going to court. An experienced adoption attorney will explain the what, why, and how of each step of the adoption process. Once clients can see the big picture, they will be less anxious and better prepared to push through any legal or procedural complications.
2. Help You Through the Home Study Requirements Process
Being home study approved for adoption consists of many steps. Some of the vital information you will need to supply will be your…
Financial situation
References and social history
Moral history
Past court actions regarding child abuse
Physical and mental health
Criminal history
Other relevant information
While you try to comply with the information gathering, the help and advice of an attorney is invaluable. Any complications can slow down the process, and an adoption lawyer can help keep the process on track.
3. Provide crucial legal services
The main benefit of adoption law firms is the safe and solid legal work, which makes the adoption more secure. This advantage is seen when adoption attorneys handle the legal side of adoption that they specialize in. In this capacity, an adoption attorney is required in every adoption, regardless of the other professionals (such as adoption agencies) involved.