Is filing for adoption fairly easy? Or should I fork out $$ for a lawyer?

Question

Its consentual, and its from us to a family member.

Is it just a couple forms and turn them into a courthouse or do we gotta go before a judge?

Answer 1

Yes, you will need to contact an adoption lawyer, and go before a judge. Adoption is a serious matter where all parental rights have to be severed and the adopting parents will be legally become this childs parents. The judge must determine that this is in the best interest of the child. This isn't something that just takes a few forms to sign, and drop off at the courthouse.

I also read your previous question about wanting to concieve a baby to "trade" someone in exchange for paying your way through med school. (basically selling your baby) I really hope this is not what you are intending on doing here.

Answer 2

I'd suggest get a lawyer you don't want anything to go wrong that way you know it will be all legal.

Answer 3

adoption is not a few minor forms to sign and that's that. Adoption always must be consentual. there is no such thing has forcing someone to let you have their baby, at least not legally. I don't even think adoption is something you "file for." You gotta go before a judge and you gotta hire a lawyer and it all has to be done according to state laws.

Answer 4

It depends on your state. Some states require a homestudy even for interfamily adoptions. You should at least consult with an attorney to ensure you are following all proper procedures.

As far as I know ALL states require a judge to sign the final adoption decree. Perhaps you are thinking of a transfer of guardianship rather than an actual adoption which has different and less stringent requirements.

Answer 5

Dont worry, i sugguest u give a call to angelina Jolin for some advice

Answer 6

Sorry, it's a bit more complicated than that.

Both birthparent's rights have to be terminated in court.  Then the adoption has to be finalized in court.  Some states require "attorney ad litems" (advocates) to be hired for each birth parent and the baby.

My advice - call an adoption attorney and ask his/her paralegal.  They will tell you exactly what needs to be done and who can do what.

Good luck.

Answer 7

Familial adoptions ARE somewhat easier than other adoptions, however it is still a complicated process which you want to make sure is completed properly, so I do believe that a lawyer is still necessary.

You will still have to go before a judge, who will have to rule that the adoption is to take place (after meeting with all parties involved) if he believes it is in the best interest of the child.

Depending on your state, and how closely related you are to the other party, you might not have to complete a traditional homestudy-but again, that depends on your state and relationship to the other party.

Not only that, but the adoption will not be final immediately-you will file paperwork and go through a process, with the end result being a court date where the judge rules.  During that time, the child usually lives with the adoptive parents but the adoption is not final until that final date.

I am sure you can understand why a lawyer needs to be involved.

I wish you the best.

Answer 8

It depends on where you are.  In our county we were able to fill out the forms & file ourselves.  In the neighboring county, they require a lawyer.

Look in the blue pages of your phone book and look up the probate court (probably county, but could be municipal) and ask what the procedure is.  They'll be able to give you specific info.

Even if you need a lawyer, it shouldn't cost a lot.  Any expenses you incur for the adoption should be covered under the federal tax credit for adoptions.  Go to http://www.irs.gov and do a search for adoption tax credit.