An adoption attorney provides prospective parents with information on legal adoption methods available, explains the rights of adoptive parents and birth parents, presents risks involved in adoption, reviews and negotiates adoption agency contracts and can also prepare a post-adoption agreement, if necessary. An adoption attorney can help birth parents by explaining options and legal ramifications and preparing or reviewing relinquishment documents.
Geography
In the United States, adoption is governed by state laws, which can vary from state to state and which also govern the role of an adoption attorney. An adoption attorney must understand and be able to explain the adoption laws in your state or refer you to an attorney who practices in the state where you will adopt a child. In the case of international adoption, an adoption attorney must be familiar with the laws in your state and with international adoption laws relevant to the child's country of birth.
Significance
Adoption is a legal arrangement and agreement in which legal contracts must be signed. The role of an adoption attorney is most significant in independent or private adoptions, where the use of an adoption agency may be optional. Both birth parents and adoptive parents should work with their own lawyers to ensure their best interests are considered. An adoption attorney can also handle the arrangements in a "kinship adoption," where a family member adopts a child from another family member; normally, no adoption agency is involved.
Features
When an adoption agency is involved, birth parents relinquish the child to the agency, which then places the child with the adoptive parents. The role of an adoption attorney in the case of an independent or private adoption is to facilitate the direct transfer of a child from birth parents to adoptive parents.
Considerations
Whether you are a birth parent or a prospective adoptive parent, the American Academy of Adoption Attorneys recommends contacting an adoption attorney early on in the decision-making process. Find out what fees are involved, what services they cover and the terms under which you are expected to pay. Make sure the attorney you choose has specific experience handling the type of adoption you are considering.
Tips
A legal adoption is, by nature, an expensive, time-consuming endeavor. Be wary of anyone who promises lower than usual fees or faster delivery of services. Your best bet is to get a referral for an experienced adoption attorney through an adoptive parent support group, the American Academy of Adoption Attorneys or a knowledgeable family friend.
