Benefits with Commonwealth of Virginia Members

Choosing an Adoption Attorney

Adoption attorneys play an important role in most any adoption. As adoptive parents, be selective when it comes to choosing an attorney. Take your time, be thorough, and trust your instincts. You will be depending upon the advice and actions of your attorney again and again throughout the process.

What to Expect From an Adoption Attorney

Adoption laws vary from state to state, and can be quite complex; an attorney helps parents understand the implications of every decision made. Usually, the majority of an attorney's involvement occurs in the latter part of the adoption process: explaining the many legal documents necessary, reviewing contracts provided by agencies or others involved in an adoption, and working to make sure that post-adoption arrangements are in place. Sometimes an attorney will locate a child and bring the birthmother and adoptive family together, but more often attorneys work in partnership with an agency or provider.

Where to Look

The American Academy of Adoption Attorneys (AAAA) can be an excellent place to start your search. AAAA attorneys are informed about current legislation and must have been in practice for at least five years. Visit http://www.adoptionattorneys.org/aaaa/home to find an attorney in your area, or call (202) 832-2222.

It's also a good idea to talk to friends or colleagues who have adopted. Most will be glad to pass on names if their experiences were positive. And make inquiries with local adoption support groups and adoption social workers.

Questions to Ask

Don't be afraid to ask hard questions when interviewing an adoption attorney. Here are some things to think about:

• Does the attorney seem experienced, knowledgeable and competent?
• How many adoptions does the attorney successfully complete each year?
• What is the attorney's philosophy and attitude about adoption in general?
• What is the attorney's view of his or her role in the adoption process?
• Will the attorney actively pursue an adoption situation and help locate a child as well as handling necessary legal work?
• What are the attorney's feelings about open vs. closed adoptions, and why?
• Does the attorney see counseling for birthparents as helpful or useful? Why or why not?
• Does the attorney charge a retainer in advance, and if the adoption is not successful, what happens to that fee?
• How does the attorney bill and when is payment expected?
• If the attorney charges a flat fee rather than an hourly rate, what does the fee include and are there extra expenses?
• What is the average cost of an adoption?
• Will the attorney accept collect calls from birthparents?
• When your attorney is away from the office, will another attorney be available?
• Are the attorney and support staff pleasant? Do you feel at ease with them, and are you confident that they will assist your child's birthparents graciously?
• Will the office staff do everything they can to keep you up-to-date and involved in your case?

During your selection process, keep track of whether the attorney promptly returns calls. Also, ask for references and be sure to check them. The right adoption attorney can keep you from making wrong choices down the line.