Personal Lawyer/Adoption Agency Lawyer... What is the difference?

Question

Once a person HAS DECIDED to terminate their parental rights... what will one lawyer do for one side of the triad that the other can't?

I've read that open adoptions are unenforcable... so that wouldn't matter... what else is there to think about?

Answer 1

I am assuming you mean, once a birth parent has decided to place their child for adoption, what does each attorney do??

In a termination hearing, there is an attorney representing the agency, an attorney ad litem for the birthmother, for each birth father named, and one for the baby.  Each is there is represent the wishes and/or protect the rights of their client.

Actually, openness in adoption, like ANY agreed upon component of the adoption plan, IS enforceable!  A birthmother in Texas, who placed with Gladney Adoptions, has a continuing contact agreement which stipulated photos and letters, which were never sent. The birthmother got an attorney and won custody back!

Answer 2

When you hire a lawyer, not through an agency, that attorney works for you, represents you in the future if there is ever a problem, and anything that you tell them is confidential.

When it is an agency attorney, it represents the agency, and protects their interests rather than yours.  Although many agencies are reputable, I've heard stories that they might forego a signature, or encourage the birthmom to not put a dad's name on the birth certificate to make the adoption easier.

When we did our adoption, our attorney was VERY good, and went through every word with care.  It's a good thing she did, because my son's mother's husband (not his bio dad) got mad that she left him, and threatened the adoption, but luckily, we already had the signatures done.

Answer 3

A lawyer hired by an adoption agency is ultimately looking after the best interests of their employer - the adoption agency.

They may say they don't - but think about it - who pays their bills??

Also - if they are employed by an adoption agency - it would be assumed that they are pro adoption - not pro family preservation - or at the very least - neutral.

Many expectant mother's change their minds after birth - and it is their right to do so.

All expectant mothers should have their own lawyer - that will look after their best interests - first and foremost.

This way - it can be assured that the adoption is ethical - and the mother's best interests were upheld throughout.

(well - hopefully - but it certainly is more ethical than an agency appointed lawyer)

Answer 4

I had decided to do an adoption and just had the agency attorney. The agency attorney, just like the agency itself, sees you as an incubator. As soon as those papers were signed, I never saw that attorney again. He didn't give a d**n.



I actually decided to get my baby back and had to find my own attorney and also found out that adoption attorney wasn't completely truthful about all my rights. When it came down to it, his paycheck comes from that agency.

A private attorney is going to focus on your needs and wants and be more truthful with you. He'll also be there if you need him afterwards because you never know what will happen after you sign those papers.

good luck!

Answer 5

Once a couple HAS DECIDED to terminate their marriage...what will one lawyer do for one side of the couple that the other can't?

Often the answer to that questions depends on what's at stake for each person in the marriage.  Property rights, an equitable distribution of the marital assets, custody & visitation of minor children, spousal support (if any), etc.

In adoption, what's at 'stake' is a CHILD. The LIFE of that child.  At every step of the (adoption) process, a mom might change her mind.  She needs to be fully informed of her rights and responsibilities throughout the process. And should have someone protecting her best interests as she makes this life altering decision.  And sometimes, MAKING such a major decision is a process.

Just my 2 cents...

ETA: And here's a GREAT example why a mother who's DECIDED to relinquish her child still needs her OWN attorney...to protect HER best interests.

http://answers.yahoo.com/question/index;...

"It might be hard to believe, but some folks like to lie."