Why Hire an Adoption Attorney?

Adoption is a wonderful option for expanding your family, but the laws governing the process can be quite complex. Working with experienced adoption professionals will help ensure that your adoption proceeds smoothly. An adoption attorney will: 

• Provide an unbiased explanation of adoption methods and resources and help you develop a legally secure plan tailored to your needs;
• Explain your rights and the adoption laws in your state or refer you to adoption attorneys who practice in other states or internationally;
• Assess the risks involved, including determining what costs are legally permissible and ensuring that the rights of the child's birth parents are legally terminated before placement is finalized
• Review and negotiate adoption agency contracts to ensure that your interests are served
• Clarify your options for post-placement arrangements, if any, with birth parent(s) and draft or review an agreement to ensure your best interests and those of the child are served.

Tips for Choosing an Adoption Attorney

• Contact an attorney as early as possible in the decision-making process.
• Know what the attorney charges and how the fees are structured. Make sure they are affordable.
• Learn about the specific types of adoptions and services the attorney provides. Ask what percentage of the practice is dedicated to adoption and how many adoption proceedings the attorney has handled.
• Ask for references. Ask lots of questions, share your concerns and provide the attorney with all relevant documents.
• Choose an attorney who is experienced in the type of adoption you are considering.

Adoption agencies, facilitators and adoption attorneys.  What’s the difference?

Adoption professionals, including licensed adoption agencies and adoption attorneys, are licensed and regulated by their state.  Others, calling themselves adoption facilitators, are not licensed, meet no educational or licensing requirements and are illegal in many states.  An attorney must be involved at some point in all adoptions. 

In most states, a licensed adoption agency must also be involved to some extent.  Facilitators are never required for an adoption.  Some facilitators are knowledgeable and make good use of advertising, including the internet.  Often, this is what the adoptive parents are paying for – advertising – and it is explicit in some of the contracts. 

You may pay thousands of dollars in exchange for nothing more than the hope of a match, and may find that if a match is made, thousands more are required in order to assure compliance with the relevant laws of your state and the state where birthmother resides. 

 

For Birthmothers

Can I talk to someone about adoption if I’m still not sure?  Absolutely.  Our office provides free consultations for pregnant women who are considering adoption.  We will discuss all the alternatives – including the legal options for women who choose to parent.  There is no obligation and no pressure to place a child for adoption.  If you decide that adoption is the best plan for you and your baby, we can help you develop and implement your adoption plan with the family you choose.

Can you help me find a family to adopt my baby?  Yes.  Our office works with licensed adoption agencies and adoption attorneys throughout the United States to locate the family you choose to parent your baby.  We only refer to families who have an approved home study.

How will I pay my expenses with the adoption?  If you make an adoption plan with a selected agency or adoptive family, our office will work with them to provide assistance for helping you with allowable medical and living expenses and for mental health counseling.  There are no expenses incurred by you if you make an adoption plan, and no cost to you for the initial consultation.  

Can I choose my baby’s parents?  Yes.  Usually, birthmothers work with our office to develop a description of the ideal family for your baby.  Then you are given 6-12 “profiles” of families who match your request and who want to adopt a baby.  From the profiles, you decide which family you would like to speak with by telephone or meet in person to make your final decision. 

Can I see my child after the adoption?  It depends.  If you want to maintain some contact with the family after the adoption is complete, our office can negotiate agreements for ongoing contact with the agency or adoptive family before you make your final decision.  Some agencies and families are receptive to “open adoption.”  Others are not.  It is important to know that open adoption agreements are not enforceable per se under current Georgia law.

Can I find out how my baby is doing as he grows up?  Usually there is an agreement for annual pictures and reports if the birthmother requests.   

What involvement will the baby’s birth father have?  The consent of an unwed father is not generally required in order for you to make an adoption plan.  However, the baby’s birth father is welcome to participate in implementing the adoption plan, and can join you in asking for post-adoption contact.  If the birth father is opposed to your adoption plan, we can confidentially discuss those issues and determine if you have the right to override his objections. 

 

For Prospective Adoptive Parents

How much will the adoption process cost?  If you adopt a child in state custody (DFCS or DHR), there is little or no cost to adopt.  If you adopt an infant born in the United States through a private adoption agency, the cost ranges from $20,000 to $35,000.  If you adopt privately using an attorney but no agency, the cost generally ranges from $5,000 to $15,000, depending upon the medical and other expenses involved.  Costs for international adoption range from $25,000 to $35,000, depending on travel and other requirements of the foreign country.  Stepparent and relative adoption proceedings can be relatively inexpensive and generally cost $3,000 to $5,000 if there is no objection from the child’s biological parents. 

Is there any financial assistance for adoption expenses?  Yes, for most families there is a federal adoption tax credit.  For taxable years beginning in 2008, the credit allowed for an adoption of a child with special needs is $11,650 and the maximum credit allowed for other adoptions is the amount of qualified adoption expenses up to $11,650. The credit begins to phase out if you have modified adjusted gross income of $174, 730 or more and is completely phased out if you have modified adjusted gross income of $214,730 or more.  If your employer offers an adoption assistance program, you may be able to exclude up to $11,650 from your gross income for qualified adoption expenses paid or incurred by your employer under a qualified adoption assistance program in connection with your adoption of an eligible child. This income exclusion starts to phase out if your modified adjusted gross income is $174,730 or more and is completely phased out if your modified adjusted gross income is $214,730 or more.  For other resources for financial assistance, click on Resources/Links.

Are there older children who need a home?  Always.  Thousands of children are in the foster care system and are waiting for “Forever Families.”  You must have an approved home study to be eligible to adopt a waiting child.  Usually there is little expense to the adoptive family, as most children in state care are considered “special needs” for purposes of state and federal adoption assistance. 

Can anyone adopt?  Generally, anyone with the desire to parent who is able to provide love and care for a child can adopt.  Issues that may limit or preclude adoption:  Criminal history, particularly felony convictions or sex-related crimes; extremely poor health; history of DFCS investigations regarding other children in your care; unstable marital history; history of drug or alcohol abuse.   If you have any concerns about your eligibility to adopt, we recommend that you schedule a confidential consultation prior to beginning the process.   

What is a homestudy?  The homestudy is a process through which prospective adoptive parents are educated about adoption and evaluated to determine their suitability to adopt.  You will be required to document your state of health, financial circumstances, employment history and criminal history (or lack thereof).  The homestudy process takes 8-12 weeks, costs $1500 to $2500, and in Georgia requires the services of a licensed adoption agency.

Do I have to be married?  No, many agencies work with single parents, or prospective parents in a same sex relationship.  Some Georgia counties permit second parent adoptions by “partners” once the initial adoption is completed.   

Will there be contact with the child’s birth family?  The agreement for post-adoption contact is generally negotiated prior to the child’s birth and placement with the adoptive family.  In most domestic adoptions, there is an agreement for some ongoing contact. "Open adoption agreements" range from annual reports and letters to regular in-person contact between the birthparent and the adoptive family. Each agreement is tailored to the specific parties and their comfort level. 

Can the birth parents change their mind after the baby is born?  The laws of each state differ.  In Georgia, the birthmother cannot consent to the adoption until 24-72 hours after the child is born.  Once she signs the consent for adoption, she has ten days to revoke her consent.  After ten days, the consent is irrevocable unless it was obtained by fraud, duress, or undue influence.  A birth father can consent to the adoption plan before the baby is born, and his consent becomes irrevocable after ten days.  Georgia adoption laws provide for a very secure adoption process after the birth mother’s consent becomes irrevocable. 

What if the birth father is unknown or refuses to consent to the adoption?  In most adoption plans, there may be an element of risk with respect to the biological father.  If he is not married to the birth mother and has not supported her financially, his consent is generally not required.  There are certain legal actions that must be taken in order to terminate any potential rights he might have with respect to the child.  Our office will ensure that all birth parent rights are properly addressed and your child is free for permanent, secure adoption. 

What countries are open for international adoption?  Countries open for inter-country adoption with the Unites States include Korea, China, Vietnam, India, Russia, Ukraine, Kazakhstan, Ethiopia, Liberia, Columbia and Guatemala.  In all cases you will need a home study approved for international adoption.  The laws that govern inter-country adoption and the wait for a placement differ by country.  For more information, go to www.travel.state.gov.