Blog Post
Counsel for the Adoptive Parents
2/7/2024
The attorney with the greatest responsibility is the attorney retained by the adoptive parents. He or she will be the person who moves the case forward from start to finish. This role is not merely a legal role, because much of what the attorney does is management of the entire process. Often, he will assist couples from the very beginning of their search process. He will asst them in preparing their profile, in distributing those profiles, in posting an internet profile, and in deciding which type of adoption to pursue.
When possible situations become known, counsel for the prospective adoptive parents will help review the situation, speakwith the birth parents or their counsel and will help his clients to understand all aspecvts of the possible adoptions.
Counsel for the adoptive parents may want to meet with the birth mother, if she is not represented, as soon as she is identified. If so, he will disclose to her that he is not her attorney and cannot give her legal advice, but that he is speaking with her as the representative of the adoptive parents. He will then find out as much information as possible about her particular circumstances, including the facts about the birth father. He will explain the process to her and what she will be required to do. He will answer her questions, both about legal rights and procedures, and about other concerns, like her financial situation and what can be done to help. He will offer her counseling with an experience social worker or even with another birth mother who has gone through the process. And he will refer her to a qualified adoption attorney who can represent her interests alone and offer her appropriate legal advice.
The attorney for the adoptive parents will assist the parties in obtaining prenatal care, if that has not already been done. He will contact the hospital staff to make sure that everyone understands that this will be an adoptive placement and that the hospital’s policies are complied with.
After the birth, the attorney will prepare all necessary legal documents and obtain the court date for the Consent Hearing. When possible, he will select the attorneys to represent the birth mother and to serve as guardian ad litem for the child. He will communicate with the agency preparing the Home Study Report and carefully review that report in order to make sure that it comlies with all legal requirements.
There are many very specific requirements which must be carefully complied with. If even one is missed, it can cause serious problems with the adoption. This is why it is so important that adoptive parents select a qualified and experienced adoption attorney. The best way to do this is to retain a member of the American Academy of Adoption Attorneys. This is the premier organization of adoption attorneys in the United States.
The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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