Articles
Adoption: What's Involved?
March 1, 2006
Each year, thousands of couples decide to adopt a child. Increasing numbers are pursuing international adoption. Because adoption can be a complex and lengthy process, an experienced lawyer can help. What follows is a discussion of many of the basic aspects of adoption, and how a lawyer can guide clients throughout the adoption process.
I'm ready to adopt - now what?
Parents seeking to adopt must decide whether they prefer an independent adoption or an agency adoption. Adopting parents should also weigh the benefits and drawbacks of domestic versus international adoptions. Open adoption is another consideration. In an open adoption, the identities of the birth parents and adopting parents are freely available, and often both sets of parents will maintain an ongoing relationship with each other and the child.
If adopting parents decide to use an agency, they should obtain references and interview several agencies before selecting one. It is important to ask about fees, the average length of time an adoption takes, and what the agency will expect of them. Adopting parents must also make sure that the agency is licensed. Adopting parents living in North Carolina are not required to use a North Carolina agency, but certain steps will need to be completed in North Carolina.
In the United States, newborns are more often placed through an independent adoption. While the reasons are unclear, cost savings may be a factor. If adopting parents decide on an independent adoption, they will need an adoption attorney to guide them through the process.
How do I find a child to adopt?
Parents seeking to adopt may begin their search for a child in a number of places. There are adoption agencies throughout North Carolina and the United States that will help match adopting parents with a child. Some of these adoption agencies may handle international adoptions, as well. Alternatively, parents may choose to locate their child without the assistance of an agency. Typically, birth parents are located by word of mouth and advertising in appropriate journals, newspapers, and other media. An adoption lawyer can work with the parents to create a comprehensive strategy for locating a child. Although an adoption lawyer may not solicit a particular child for adoption, he will help create the adopting parents' profile to send to birth parents, and will walk the clients through the process of interacting with the birth parents. He may also direct them to reputable adoption agencies or informational support groups.
What is home study?
Home study, also known as pre-placement assessment, is the process by which adopting parents are evaluated to ensure that they are fit to care for the child. During the home study process, an agency licensed by the state will collect information about the adopting parents' family, medical history, financial resources, criminal background, and parenting goals. The objective of the home study is simply to gather the information necessary to confirm that each adopted child is placed in a caring environment.
At least one home visit is conducted during this process. During that time, the agency typically will take a brief walk through the adopting parents' home and look at their neighborhood to make sure that it is an appropriate environment for a child. Although the idea of home study often makes adopting parents nervous, it is usually less difficult than most people think. Parents are often delighted to find that they are not expected to be perfect, just caring and suitable.
For international adoptions, home study works essentially the same way. In a typical international adoption, home study must be conducted in the state where the adopting child will reside. Home study may be conducted by any person licensed or authorized by the state to do so. There are several immigration requirements to an international adoption, such as travel, entry, and naturalization. Home study is one prerequisite to allow for immigration processing in advance of travel related to bringing a child to the U.S.
After an adoption occurs, a similar post-placement meeting is conducted to follow up and see that the family is adjusting well.
What are the risks of adoption?
All adoptions bear some risks, whether emotional, medical, or financial. Adopting parents should be realistic when analyzing the risks, but resist losing a positive outlook. Adoption is ultimately a rewarding experience, and the inherent risks should be kept in perspective so as not to undermine the joy and excitement of the process.
In domestic adoptions, the primary risk for adopting parents is the emotional risk that a birth parent will change his or her mind. For example, birth parents in most states may revoke their consent to an adoption within a certain number of days after having given that consent. The time period to revoke consent varies by state. An attorney can assist in developing the best strategy for minimizing that risk.
International adoption has significantly less risk of consent revocation. However, other risks may be involved, such as potential ambiguity regarding the child's medical history. Adopting parents are also likely to incur extra costs associated with travel, and may find that obtaining a newborn is more difficult as the adopting parents are ordinarily matched with children from an orphanage rather than an expecting birthmother.
What if the birth parents and the child are in a different state from the adopting parents?
Because adoption laws vary from state to state, it is important to understand which state's laws apply. North Carolina, like all states, has adopted the Interstate Compact on the Placement of Children ("ICPC"), which promotes cooperation between two states for interstate adoptions. The ICPC sets forth the requirements that must be met by the state that is sending a child to another state for placement, as well as the state receiving a child to be placed. An adoption attorney can help the parents navigate through ICPC without complication.
I'm considering placing my child for adoption - where do I start?
Birth parents considering adoption should begin by educating themselves about the process. The Internet and the local yellow pages can very easily provide a number of relevant educational and support resources. Adoption lawyers are a great resource for practical and legal information, as well as general information on and referrals to support groups and agencies.
In North Carolina, birth parents must decide whether to place their child through independent adoption or through an agency. In an independent adoption, the birth parents make direct contact with a couple that desires to adopt. This may be accomplished through word of mouth or advertisements. The birth parents then directly consent to the adoption of their child by the adopting parents. In an agency adoption, on the other hand, the birth parents relinquish their parental rights to an agency that will ensure that the child is cared for until adopting parents are found. After identification and approval of the adopting parents, the agency is then able to convey the consent for the adoption of the child. An adoption lawyer can help birth parents decide which type of adoption is best for them.
What is the attorney's role in the adoption process?
An adoption attorney's primary role is to guide the client through the adoption process smoothly and with understanding. In a domestic adoption, the attorney representing birth parents may provide advice on locating adopting parents or selecting an adoption agency. In addition, a lawyer will advise the birth parents regarding all of their rights and obligations in the adoption process, including consent to adoption or relinquishment of parental rights, as well as revocation of consent to the adoption.
When representing adopting parents, the attorney will ensure that all necessary practical and legal steps are taken in order to complete the adoption. The attorney can serve as the adopting parents' primary resource for developing strategies to locate a child and be chosen by a birth parent. The attorney will also advise the adopting parents about the home study process and work to obtain valid consent to the adoption. An experienced adoption attorney will also prepare and counsel adopting parents through the financial and emotional "ups and downs" involved in the adoption process.
A lawyer representing an adoption agency can ensure that the birth parents have executed the necessary relinquishment of parental rights, and handle all other documentation and legal steps necessary for completion of the adoption.
For international adoption, two or more attorneys will be involved. First, attorneys in the child's country of origin will assist with making the adoption legal in that country. Second, a U.S. attorney will assist the parents with immigration issues. In addition, this or another attorney will help with re-adoption in the state of the adopting parents' residence and the home study options.
Because of the personal and changing nature of the adoption process, an adoption attorney must be available to you via telephone or e-mail outside of traditional working hours, and should only be selected after appropriate inquiry about the attorney's accessibility.
Finally, the actual adoption is a legal proceeding. In North Carolina, it is a special proceeding before the Clerk of Superior Court. The appropriate state of jurisdiction must also be determined, and is generally related to the length of residency of the adopting parents and/or the adopted child. A qualified attorney is therefore an ideal resource to assist with the entire adoption process.
Who can help?
We can. Smith Debnam's domestic law team is led by Board Certified Family Law Specialists with years of experience in adoption and other family law issues. Coupled with our immigration practice, we provide a unique service where family lawyers and immigration lawyers work together in the area of adoption. International adoptions require an attorney with strong knowledge of immigration issues who can advise clients regarding visas and the naturalization process. International adoptions frequently contain a domestic component, including the process of re-adoption in the adopting parents' home state. Domestic adoptions can also be difficult, and require the knowledge of lawyers who understand both intrastate and interstate adoption procedures. Amanda L. Bryant of Smith Debnam's immigration law practice and Lynn Wilson Lupton of the family law practice work together to give their clients step-by-step assistance, affording them patient, compassionate, and thorough counsel throughout the entire adoption process.
