Using an Adoption Agencies or Adoption Attorney

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People who decide to adopt a child must then make many additional decisions before they can formally start the process. Do you want to adopt a child domestically or do you want an international adoption? If you adopt domestically, do you want to adopt an infant or a child in foster care? And if you decide to adopt an infant, do you want to adopt through a licensed agency, using an adoption attorney or through another type of unlicensed adoption facilitator?

Agency Adoption or Private Adoption

If you decide to domestically adopt an infant, there are two types of adoptions to choose between:

Agency adoption: An adoption agency, which must be licensed by the state, screens the suitability of prospective parents and then matches parents and children who may be a good fit. The agency will also guide you through every step of the adoption process. In this type of adoption, the agency has the most control because they'll prescreen the adoptive family and the children, and will only offer children to prospective parents when they think there's a match. An agency may also give preference to certain types of prospective parents (based on religion, marital status, etc.). When choosing an agency adoption, prospective parents may also want to use the services of an adoption attorney, since adoption is a complex legal issues, and contracts and courts will be involved.

Private adoption (aka independent adoption): This type of adoption is arranged privately between the prospective parents and the birth parents. An attorney, physician, friend or adoption facilitator may help make the introduction. In this type of adoption, the facilitator is working in the best interests of the prospective family, which does not necessarily mean that the prospective parents will be the best match. Prospective parents who decide to do an independent adoption should understand that there are varying degrees of licensing and regulation governing facilitators who handle private adoptions, and the facilitator may not have a lot of experience handling adoptions. Prospective parents who are pursuing a private adoption should strongly consider using an attorney who is a member of the American Academy of Adoption Attorneys. These attorneys will be experienced with handling adoptions, and will have pledged to uphold the Academy's code of adoption ethics.

Using an Adoption Agency or Adoption Attorney

When selecting an adoption agency or adoption attorney, you should do the same due-diligence that you'd do before hiring any other type of service provider. Some things to consider:

  • Ask friends, family and others who have adopted to recommend agencies and attorneys they've used and been satisfied with.
  • Confirm that the agency is licensed to operate in your state.
  • Get references from past clients.
  • Contact the Better Business Bureau, state Attorney General or state bar association to learn whether they've been any complaints against the agency or attorney.
  • Ask for an itemized list of the total estimated costs. When will payment be due?
  • Find out what services are provided by the agency or attorney.
  • Ask how much experience the agency or attorney has? How many adoptions do they handle each year, and how many have they handled in total?
  • Find out the average wait time to adopt a child.
  • Find out whether you'll be able to meet the birth parents.

    Related Resources on lawyers.com

    - Adoptions articles and information
    - State Vital Records
    - Find an Adoption attorney
    - Things to Discuss with Your Adoption Lawyer
    - Adoption Message Board for more help

    Web Resources

    State Adoption Statutes from the Child Welfare Information Gateway
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