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Adoptions

Adoption is a multi-billion-dollar industry. Some adoptions providers have revenues exceeding $15 million each year. Agencies, whether domestic or international, typically have fees between $10,000-$40,000 for a newborn or infant. Some countries allow adoption of infants under 1 year of age. Other countries allow older children in orphanages and others that are in private foster homes to be adopted.

Whether you are looking to become adoptive parents, or are pregnant and considering making an adoption plan for your baby, you should contact an adoption lawyer who can provide legal and legitimate guidance in considering your options, the issues, choices, and developing a plan that right for you. Attorneys who possess the knowledge and experience from hundreds of completed adoption cases are your best choice to avoid the pitfalls of adoption.

Even the birth mothers should seek counsel in understanding and choosing alternatives to help them achieve their own adoption plan. Some birth parents choose to relocate during their pregnancy while others to remain in their home town. Additionally, birth mothers who choose to give up their babies for adoption often need some type of professional counseling at some point. Each birth mother is different and has unique needs and hopes for her adoption. Your goal is find an attorney who understands your needs and will guide you throughout the process.

The wait time to adopt varies among the different agencies as well as different country rules and regulations. Generally, an adoption can take as little as six months or, in some situations, as much as two years or longer. There are many children who need adoption. The more particular you will be in your choice of a child or infant, the longer the process usually takes. Similarly, the more open you are to mixed or minority ethnicity, the sooner a placement can happen. No matter where you are in the process, you need to be prepared and to have your home-study completed in case the perfect match happens quicker than you planed.

The cost for a typical adoption can range from $10,000 to over $40,000. Hopefully, your attorney will make every effort to delay the majority of the costs until after placement, although some costs prior to that are unavoidable. The elements of each specific adoption are different, but usually include (where allowed) birth mother expenses, such as living expenses, prenatal care, medical care, childcare, counseling, post-partum support, clothing and related needs. As a client, the attorney will advise you of the estimated costs for any adoption that is presented to you for consideration. You always have the option of accepting or rejecting a situation if the estimated costs are not unacceptable. In some situations, you may also qualify for the “adoption tax credit.” However, you will need to speak with an accountant to understand the requirements.

The adoption should be what you want and what the birth parent wants.- There are adoptive families that have welcomed the birth mother into their lives and their homes, and other adoptive families who prefer a high degree of privacy and detachment from the birth mother. So long as it is what all the parties want, a lawyer can assist in accommodating each family’s needs and desires. Also, while there is never a guarantee that that any birth mother will complete the adoption plan with the prospective adopting parents, most lawyers have a very higher placement rate than regular agencies.

One of the most significant advantages of independent adoption is that the kinds of restrictions wanting parents may have previously encountered elsewhere simply do not apply. You are not limited by age, length of marriage, income status, religion, or because you already many have other children. Only the birthmother decides if your particular life style or situation is right for her. The laws in several states now allow for adoption by single parents, as well as gays and lesbians, as well people over the age of 45. There is usually no age limits in private adoptions.

There are many reasons why birth parents choose adoption; a single mother may want her baby to have two stable parents or a couple may feel they’re too young or don’t have the financial resources to raise a child. Others need to complete their education or are in the midst of career difficulties. Even married birth parents may feel their relationship is not stable enough for a child or they cannot care for more children. Regardless of your reason for choosing adoption, your decision will be respected.

Our network of independent lawyers represents adoptive parents in all adoption situations, including agency adoptions, and stepparent adoptions. Our attorneys can assist you throughout the application process in order to help you establish your eligibility as adoptive parents. If the case involves a surrogate mother, the lawyer will assist in securing the consent of the birth father, and obtaining any other requirements. At the final hearing, the lawyer will serve as your advocate. Uniting children with their willing and enthusiastic adoptive parents is very rewarding.

If you are considering the placement of your child for adoption and have questions about what to expect, speak with an attorney who specializes in adaption law. There is usually either no fee or a minimal fee for the initial consultation and you are not under any obligation to use the attorney again. You need to be aware of your options, and a lawyer would be happy to discuss these option with you, and answer any questions you may have. It is even acceptable to bring the birth fathers, grandparents or others, to help them understand the independent adoption process and what to expect. The decision to place a child for adoption is not a decision that anyone reaches lightly, and you are encouraged to be aware of your rights, your options, and what avenues are available to you. This can be a difficult time for everyone involved. An experienced lawyer can help make this process easier. Our attorneys have previously worked with adoptive parents and have witnessed the highs and lows of the adoption process, and ultimately the joy adoption can bring to families. This experience has given the lawyers the knowledge and experience necessary to successfully deal with the various adoption-related issues.

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More on Adoption
Look out for birth mother scams
Why you need a lawyer to represent you

More on Adoption

You will know that your baby is with a good adopting family because you choose them, meet them and get to know them. Even if you prefer not to have much contact, your couple will be thoroughly evaluated in an adoption home-study process done by the state they live in. This includes assessments of their marital stability, financial situation, lifestyle, and medical history. Then fingerprints will be taken to verify there is no record of criminal activity or child abuse. Their home will also be inspected by a social worker to ensure it is a safe environment for a child. After these requirements are completed, the family may go before the adoption judge and finally be declared a permanent family.

In most states including California, your relinquishment documents are signed once you have given birth and are medically discharged from the hospital. It is a good idea to think about your plans as early in your pregnancy as possible, especially if you would like to get to know a family and want the baby to go home with them from the hospital. Normally, irrevocable relinquishments are taken 48-72 hours after the birth of the child with an agency adoption.

There are many reasons why Birthparents choose adoption; a single mother may want her baby to have two stable parents, a couple may feel they’re too young or don’t have the financial resources to raise a child. Others need to complete their education or are in the midst of career difficulties. Even married Birthparents may feel their relationship is not stable enough for a child or they cannot care for more children. Every Birthparent is unique so every reason is unique. Only you can make the decision about adoption and your reasons will be respected.

In approximately six States the age of adulthood for purposes of adoption is 18; four States set the age at 21; and two specify age 25. Some States also require that the adopting parents must be at least 10 or 15 years older than the person to be adopted. Additionally, many states require a period of residency between two month to one year before an adoption is allowed.

Most States allow "nonagency" placements of children for adoption, often referred to as "private" or "independent" adoption. One type of private adoption allowed in most States is the "direct placement" of a child by the birth parent with an adoptive family. Many States that allow direct placement have detailed statutory regulation in order to protect the interests of the parties to the adoption.

In all States, the birth mother and the birth father hold the primary right of consent to adoption of their child. Either one or both parents may have these rights terminated for a variety of possible reasons, including abandonment, failure to support the child, mental incompetence, or a finding of parental unfitness due to abuse or neglect. In particular situations, the Courts, a relative or guardian of the child may also consent to the adoption. In certain jurisdictions, a birth fathers right to consent to an adoption can generally be executed by a written statement witnessed and/or notarized by a notary public. However, some state may require an appearance before a judge or the filing of a petition of relinquishment. Other States require that the parent(s) be provided with counseling, have his or her rights and the legal effect of relinquishment explained to him or her, or be provided with legal counsel prior to consent.

Nearly all States require that older children give consent to their adoption. Approximately 24 States set the age of consent at 14 years; 18 States set the Childs age of consent at 12 years; and 7 States including Puerto Rico require consent of children age 10 years and above

Adoption is meant to create a permanent and stable home for a child; therefore, a validly executed relinquishment and consent to adopt is intended to be final and irrevocable. As a result, the right of a birth parent to revoke consent is strictly limited. Some jurisdictions mandate that no revocation of consent may occur while other states allow the consent to revoked upon meeting certain requirements. However, most States provide that consent may be revoked at any time prior to the entry of the final adoption decree under very specific circumstances or within specified time limits. Typically, if the consent was obtained by fraud, duress, or coercion or there is a finding that the withdrawal of consent is in the best interests of the child.

Look-out for Scams by Birth Mothers

Potential birth moms not really placing babies typically show common behaviors. Although not dispositive, beware of a combination of any of the following events:

  • The birth mom keeps asking for more money. Only give money through a licensed attorney, agency or facilitator. Never give money directly to a birth mother.
  • The birth mom has several financial or family crisis emergencies.
  • Regardless of the reasons, if the birth mother consistently misses or breaks several scheduled talks or meetings, it is generally not working out well for you.
  • The birth mother can never be reached by phone.
  • The birth mother will not provide has a verifiable address. Be aware if the only contact that occurs is if the birth mother calls you.
  • Most real birth moms want you to come to them. If the birth mother only wants to bring the baby to you, it could be a sign of trouble.
  • If the birth-mother consistently makes excuses for not providing you with basic information and proof the she is pregnant, or claims she has a sudden miscarriage, sickness or hospitalization when you ask for information, you need to speak with an attorney.
  • If the birth mother insists that she does not know who the father is.
  • If the Birth-mother does not allow you to have contact with anyone in regard to her pregnancy, including her physicians.
  • The birth mother is unwilling to meet or talk to your attorney or adoption agency.
  • If the Birth mother is vague about her pregnancy or pulls away when from the conversation when you talk about the lawyers or signing away parental rights.
  • The birth mother keeps changing her story as to the adoption.
  • If the mother claims that she is expecting twins, yet never verifies the information, it is generally not a good sign.

WHY YOU NEED A LAWYER TO REPRESENT YOU?

According to Dallas Morning News, the Smithlawn Maternity Center in Lubbock, Texas, became the first U.S. adoption agency to be successfully sued under federal racketeering statutes. The suit was filed by adoptive parents of two "healthy" infants. The parents alleged that agency employees concealed serious medical conditions of both children, who had different birthmothers. After the adoption, the parents learned from agency records that one child’s mother had taken drugs both before and during her pregnancy, while the other child had experienced significant trauma during delivery. (Dallas Morning News, 2/13/93)

In another case LDS Social Services in Utah was also sued by a birthmother. The mother had been on Thorazine (a sedative) when the agency obtained her signature on the surrender forms, two days after the birth in 1967. When she was discharged from the hospital, she did not remember signing the surrender or being drugged. The papers allege that in the next few months she contacted the agency about thirty more times, expressing confusion and remorse over the loss of her son. The agency did not tell her about the drug or about her condition when she signed the surrender, and she did not ask; the agency simply said it could do nothing. In 1990 she and her son were reunited. Shortly thereafter, the agency, through a clerical mistake, gave her a copy of her medical records. After two years of further correspondence with the agency and with officials of the Mormon Church, she brought suit. The Utah courts dismissed the suit on the ground that it was started too late. (Salt Lake Tribune, 5/9/96) (Safsten v. LDS Social Services, Inc., 942 P.2d 949; Utah 1997)

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