What is the role of an attorney for a Adoptive parent?

Since adoption can only be established through a legal proceeding, an attorney is necessary to represent the adopting parents in Court. The attorney gathers the necessary information, drafts legal documents and guides the adopting parents though the process of legally establishing themselves as the parents of a child. Her job is to ensure that the adoption complies with applicable law and the adopting parents have a safe and legal adoption.

An adoption attorney is able to advise her clients of not only how adoption law works, but she can also direct them to resources, such as agencies or other attorneys, who can help them adopt a child. State laws on adoption differ, and there are federal laws such as the Indian Child Welfare Act of 1978 and the Servicemembers Civil Relief Act that may impact an adoption. An experienced adoption attorney can steer her clients safely through these various laws and prevent any possible attack on the validity of the adoption.

In addition, numerous other issues may arise, such as notifying birth fathers, negotiating open adoption agreements, paying for medical expenses, understanding tax benefits and adding a child to the adopting parents’ medical insurance coverage. A good adoption attorney should be able to prevent problems that may arise in these areas, enabling the adopting parents to save time and money and most importantly, prevent the heartbreak of a failed adoption.

Legal advice from an experienced and knowledgeable attorney can help provide you with an understanding of potential legal risks involved in your adoption as well as the safeguards that can be put in place to help minimize those risks.

Still have questions? Visit our Adoption FAQs.

TYPES OF ADOPTION

Private/Direct/Independent
Private adoption is legal in Illinois, as it is in the majority of states. In this type of adoption, the birth parents place their child with a specific adopting family through the services of an attorney. Even though no agency is involved, counseling can be provided through an independent counselor. Identities of all parties may be kept confidential

Agency
In an agency adoption, the birth parents "surrender" their parental rights to an agency, which then chooses the adopting family from its list of families who have been pre-approved by that agency.

Agency-Assisted
An agency-assisted adoption (also called an identified or designated adoption) is a hybrid of a private and agency adoption. Here, the birth parents select the adopting family without the help of an agency. The agency is then retained to provide counseling services to the birth parents and adopting family, conduct a homestudy of the adopting family and make all the arrangements for the adoption. Legally, the birth parents "surrender" to the agency, and the agency then places the child with the identified adopting family.

Interstate
When the child resides in a state different from the adopting family, the adoption is interstate, and the adoption must comply with a law called The Interstate Compact on the Placement of Children. An interstate adoption can be private, agency or agency-assisted. For Illinois residents, the adopting parents must have completed a homestudy and obtained a foster parent license from an Illinois child welfare agency, even if the adoption is private. Typically, the parental rights of the birth parents are terminated in accordance with the law where the child resides, and the adoption is completed in the state of residence of the adopting parents. In addition, the Interstate Compact authorities in both states must approve the placement before the child is allowed to physically leave the state where the birth parent resides and enter the adopting parents’ state of residence.

Intercountry
When the child resides in a country different from the adopting family, the adoption is intercountry. The adopting family must complete a homestudy conducted by an Illinois child welfare agency, therefore most intercountry adoptions begin with the assistance of an Illinois agency. Agencies and other resources outside the state of Illinois are often involved as well. In many countries, the adoption is actually completed in the child's country of origin, although many adoptive families "re-adopt" the child in a legal proceeding in the United States to confirm the validity of the foreign adoption. In a few countries, such as Korea, the Philippines and India, the adoption must be completed in the United States. As of April 1, 2008, adoptions from countries that have signed The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption must comply with new rules and procedures (www.adoption.state.gov).

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