| No matter where you are in the adoption process, | | | | adoption if one or both of the Birthparents still have |
| whether you have just started your Home Study or | | | | parental rights to the child. Since her parental rights |
| have already connected with a Birthparent, choosing | | | | were still in place, when she went to the court five |
| an attorney to help you through the process is one | | | | years later the adoption was overturned and her |
| of the most important choices you will have to make. | | | | daughter was returned to her. |
| I have worked in adoptions for over nine years and I | | | | The purpose of sharing this story is not to scare |
| want to stress to you that choosing an attorney | | | | prospective adoptive parents. I share it to educate |
| that specializes in adoptions or has significant adoption | | | | them and to reinforce the importance of using an |
| experience is highly important. Although as an agency | | | | attorney who just practices adoption law or one who |
| we do a lot of the legal work ourselves with our | | | | has done adoptions in their practice for at least five |
| own attorney, we also conduct Home Studies for | | | | years. By doing adoptions for five years I don't mean |
| couples who are doing independent adoptions, | | | | two or three adoptions over the past five years. I |
| meaning they are going through an attorney rather | | | | mean someone who does them on a regular basis. |
| than an agency. Most of the mix-ups and botched | | | | Even if you know a lawyer who is a good friend or |
| adoptions we see are typically associated with | | | | one who is doing the adoption just to help you, if |
| attorneys that do not practice adoption law or who | | | | they do not know adoption law they could end up |
| know very little about adoption law. | | | | hurting the adoption in the end. |
| When choosing an attorney to use in an independent | | | | Even if there is not a AAAA Attorney in your area, |
| adoption, I always recommend choosing one that is a | | | | you should contact the AAAA Attorney that |
| member of the American Academy of Adoption | | | | practices closest to you. They might travel to you or |
| Attorneys (also known as AAAA or Quad A | | | | they could recommend someone in your area that |
| Attorneys). Adoption law is typically state specific | | | | knows adoption law. For instance, the AAAA |
| except for a few federal laws, so you want an | | | | Attorney that my agency uses along with most |
| adoption attorney that is well versed in the adoption | | | | other agencies and adoptive families in the area has a |
| laws of your state. Things get even more | | | | list of attorneys that she contacts for adoptions in |
| complicated if Birthparents live in one state and the | | | | counties that are about two hours or more from her. |
| adoptive family lives in another. This is called an | | | | If she is not busy, she will travel, but because she |
| interstate adoption. Not only are you dealing with the | | | | has such a good reputation she usually stays busy |
| laws in each state, but you are also dealing with the | | | | and she often refers families who live further away |
| Interstate Compact on the Placement of Children, a | | | | to other attorneys. She also will tell you which |
| Federal law that regulates children being placed for | | | | attorney to not use if she knows an attorney who |
| adoption in a different state than where they were | | | | has repeatedly done adoptions not according to the |
| born. The adoption disruptions that we see played | | | | law, which is important information for adoptive |
| out in the media typically happen because something | | | | families to have. |
| was not done legally the way it was supposed to be | | | | If you are beginning to search for an attorney to |
| done. For this reason it is imperative that you use an | | | | help with your adoption, the first thing you should do |
| attorney that knows the adoption laws for your | | | | is to see if there is a AAAA Attorney in your area. |
| state. | | | | You should always check their credentials and talk to |
| I teach monthly adoption seminars, which include a | | | | families who have used them. It is also good to talk |
| section on adoption law. During this session I always | | | | with other adoptive parents to see which attorneys |
| share the example of how both the lawyer and | | | | they used and to find out if they had positive or |
| judge in a rural county in my state did not do things | | | | negative experiences. The way an attorney handles |
| correctly, which ended in an adoption disruption. In | | | | or mishandles an adoption can literally make or break |
| this case the adoption was finalized in Juvenile Court, | | | | it. This is not a chance that you want to take when |
| which cannot happen in my state as adoptions are | | | | it comes to your family. You need to choose an |
| finalized in Chancery or Fourth Circuit Court. But, even | | | | attorney that will follow adoption law correctly and |
| worse, the Birthmother never signed a Surrender to | | | | one that will make sure that the needs of everyone |
| surrender her parental rights. You cannot finalize an | | | | involved in the adoption process are met. |