It’s possible to adopt without a lawyer through an adoption process called “Pro Se,” but it’s not recommended. There are so many particulars in an adoption process that it’s typically more time-consuming and expensive to complete the process alone. If you want to know what to expect from the adoption process, here’s what you need to know.
Why Is It a Good Idea to Hire an Attorney for Adoption?
The process is detailed. If you don’t adhere to every particular in the process, you may get a rejected application, and you’ll incur added expenses. Most adoptive families do not have money to waste on unnecessary fees. Therefore, you need someone who will get it right the first time. Furthermore, adoption law differs from state-to-state. If you’re adopting in a state outside of your home, the laws could be different from what you expect. It’s better to hire an attorney.
What is the Process for Completing the Adoption Process?
1. Adoption Application
You should submit an adoption application to the adoption agency. The social workers will review your case and contact you for a home study.
2. What Happens During the Home Study
During the home study, the child welfare agency will review your case and provide the courts with evidence that you are capable of caring for the child. A lawyer is not required for this stage, but it’s nice to have one available. You’ll be asked to supply copies of your birth certificate, income tax returns, medical report, and marriage licenses. All adoptive parents will need to be fingerprinted.
What is the Job of the Adoption Lawyer?
Adoption lawyers can help you find an adoption agency and file any necessary paperwork. They will also represent you in court if necessary. Lawyers will help you prepare for hearings if you need to state your case verbally in court. Some common problems include the birth parents trying to extort the adoptive parents or the birth parents change their minds. If there are any sort of legal complications, you’ll want to have an attorney on your side.
You may need an adoption lawyer if you are not sure how the process should go, and you don’t want any surprises that may impede you becoming a parent. An adoption lawyer is especially useful if you’re a step parent or a same sex couple wanting to adopt a son or daughter.
Keep in mind that the process to adopt can take up to five years. Thus, it’s a good idea to hire a lawyer that you can work with through the entire duration of your adoption process. The adoption lawyer will inform you of procedures and steps that you can take to make the process smoother and expedited.
Are Adoption Lawyers Affordable?
We talked with Widrig Law PLLC about using lawyers during the process, and they explained, “Many adoption attorneys will offer a flat fee service. The fee may include document drafting, reviewing, and filing. When the issues are more complex, attorneys will charge by the hour. The rates will vary depending on the complexity of your issue and also based upon the country in which you’re located. You should negotiate the rate up front to avoid any adverse issues later.”
A Lawyer Can Help in the Adoption Process
The process is detailed and tedious. While an attorney is not required, it’s recommended. It could take longer and complications may occur if there is not attorney involved. Many people are not aware of the complications of the process until it’s too late. You should always err on the side of caution with the adoption process. It’s an emotional decision and not everyone can handle the logical aspects of the process effectively when emotions are involved. Prospective parents may find some useful information to help with the process online.
References:
http://en.wikipedia.org/wiki/Adoption
http://blog.lib.umn.edu/cascw/adoption/adoption/
