ADOPTION ATTORNEY

In an agency adoption, agencies work with birth mothers who contact them to find an adoptive home for their child. The birth mother (and perhaps father) consents to the termination of their parental rights and the legal custody of the child is placed with the agency. Prospective adoptive parents who are working with this agency are considered as a possible placement for the child. The services of an attorney are necessary in an agency placement to ensure that all legal aspects of the adoption are being considered prior to birth and to ensure a secure completion of the adoption in the courts.

In a private independent placement adoption, the adoptive parents are selected by the birth mother before her parental rights are terminated, usually during pregnancy. After birth, the birth mother (and father) sign Consents for the selected adoptive parents to adopt their child and the child is placed with the selected family. An agency is not involved with the placement process, so an attorney assists in the placement process to make sure all the necessary steps are taken for successful adoption.

In an adoption in Missouri, the birth parents can not revoke a proper Consent they have signed after it has been approved by the court unless they can prove fraud or duress in the taking of the Consent. Therefore, it is very important that the Consent be properly drafted and taken in a proper manner to allow for very little risk to the adoptive parents. Also, it is very important that Consents be taken from all necessary persons or that parental rights are dealt with in some other proper legal manner. If Consent can not be obtained, it is imperative that an experienced adoption lawyer review the facts to determine the legal steps which must be taken to deal with these issues as early in the process as possible.

When the child is born or resides in a state which is different from the adoptive parents, the adoptive parents can not leave the child’s state with the child until requirements of the Interstate Compact on the Placement of Children (ICPC) are complied with. The ICPC requires the parties to comply with the laws of both states and require the adoptive parents to file the necessary additional paperwork to meet ICPC requirements. Therefore, it is important to have an attorney handle your case who has experience with interstate adoptions.