Choosing an Adoption Attorney - Tundraco's Daily Living Guide to Raising Kids

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Choosing an Adoption Attorney

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Choosing an Adoption Attorney
By Rochelle Caviness

There are many routes to adoption. No matter what option you use, it can be helpful to hire an attorney. An attorney will serve you as an unbiased advocate, ensuring that your rights are protected. An attorney can also be indispensable as you navigate the intricate legal maze that is so much a part of the adoption process.

Finding an Attorney

Finding an adoption attorney is not difficult. You will find a that a large number of adoption attorneys place advertisements in telephone books and newspapers. Word of mouth can also be an effective means of finding an attorney. If you are in an adoption support group, ask for the names of attorneys that other members are or have used. If you are dealing with an agency, ask whom they might recommend. Also, ask your family's doctor if they could recommend an adoption attorney. Call your local family court and ask if the court could recommend an attorney.

American Academy of Adoption Attorneys, maintains an online, nationwide, database of its members. To become a member of the AAAA, attorneys must have handled at least 50 adoption cases, of which at least 20 must have been interstate adoptions.

Licensing and Regulations

Adoption laws can vary greatly from state to state. The Legal Information Institute offers links to the various adoptions laws throughout the country.

Each state also has its own licensing and regulatory laws covering the practice and conduct of lawyers. In general, an attorney must be licensed in each state in which she practices law, and to do so she must pass the state bar exam in each of those states. If you are dealing with an interstate adoption, be sure that your attorney is licensed in both states involved.

Most State Bar Associations have online, searchable, databases that will tell you if a particular lawyer is licensed in that state.
State Bar Associations also offer referral services that can assist you in locating an adoption attorney.

Questions to Ask

Before signing a retainer with an attorney, be sure that you fully understand the contract. This may seem like a redundant step, but you may want to take the contract to another attorney to have it reviewed. While most attorneys work in an ethical manner, there are bad apples in every barrel and this extra step may help you avoid unexpected legal and financial obligations later.

Be sure that you understand the fees involved. Are you going to be charged on an hourly or flat fee basis? Will the fee cover the entire cost of the adoption process? If you are being billed hourly, will you also be charged for such things as the lawyers driving time to the court or for telephone calls? If the adoption turns out to be more complicated than first thought, will the attorney require additional payment?
Don't forget to ask how the fees are to be paid. In addition, what is the penalty for a delayed payment?
Are there any other fees that you will be liable for such items as covering the birth mother's medical care, filing fees, etc.? Make sure that you know exactly what is, and is not, included in the basic fee you are paying.
Will the attorney accept your calls after office hours? If so, will there be an extra charge?
What happens if the adoption is unsuccessful? Do you still have to pay the full fee?
Is the attorney well versed in adoption law? How many adoptions has the attorney handled? If they are part of a practice, is the entire practice devoted to adoption cases? Alternatively, what percentage of the lawyers, working for the firm, handles adoptions? Furthermore, does the attorney specialize in the type of adoption that you are pursuing? Having an attorney that specializes in a specific form of adoption is especially important if you are pursing an international adoption.
Ask for references and be sure to check them out! Be sure to ask to speak to other clients for whom the attorney has handled adoptions. When you do, don't just ask about how successful the adoption was, but also inquire about how accessible the attorney was outside of scheduled appointments.
Call your local Bar Association and inquire if there have been any complaints filed against the attorney you are considering hiring. A complete list of state, county and country bar associations is maintained by American Bar Association.

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The information provided on this site is for informational purposes only.

Always consult your doctor for medical advice.

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