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#1
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Do I look for an attorney in my state, or the state from which we want to adopt?
We live an a state that's not known to be too friendly for adoptive parents. We've thought about looking to adopt in other states.
Do we look for an attorney here, or one in the state from which we hope to adopt? Thanks. Julie |
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#2
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interesting question. depends on what you want the atty to do. is the atty going to do the match and what not?
we adopted out of state, and needed attys in both bmom's state and our state to finalize and get all the paperwork for placement complete. for instance, we needed to terminate bdad's rights in Illinois, so we had an illinois atty. That atty was hired by us to do that one thing. we also hired an instate atty to handle the finalization since we finalized in our state.
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-first time amom to dd, born 7/7/04 -placed in our arms by a very loving bmom 7/9/04 -bfather's rights terminated 9/7/04 -just connected with bdad!!! 2/9/05 -visited bfamilies for a week, awesome trip 6/05 -bfather signed legally binding open adoption agreement 7/05 -finalized (woohoo!) 18th of November 2005 -Thinking about adoption #2! [color=Purple] Support All Families. Advocate for the Return of the Non-Traditional Families Forum |
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#3
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i believe it is state dependent; if you can finalize in the state where the baby is born, then you only need lawyers in the baby's state. if you are finalizing in your home state (some states will not allow non citizens to finalize), then you'll want a lawyer in your state, but i dont know if you need that one immediately. regardless, i think you need 2 lawyers anyways, one for you and one to represent the bmom. good luck!!
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#4
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we just adopted our baby son from missouri, and we live in california. our facilitator found us a lawyer in mo. he said he could do the icpc work for ca and mo.
furthermore, he works with a birthparent attorney. whom our bmom used. you will need an attorney in the state of the baby's birth. you will most likely be responsible for the birth mom's attorney fees. depending on what you expect the lawyer to do, you may also need a lawyer in your state. for example, if you want the lawyer to match you. btw: i do not recommend adopting from missouri if you don't live in missouri. good luck, robyn
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-Robyn mom to Jackson, b. 17 January 2006 private, domestic, open adoption Antioch, CA Child #1: Is that your mother? Child #2: Yes. Child #1: Why is she white and you are black? Child #2: Because I am adopted, and black people have more melanin than white people do. Child #1: Oh, let's go on the high bars. -Unknown |
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#5
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you can adopt and finalize in California now.
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#6
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Julie,
It depends on what state you're thinking of, and how you'll handle post-placement requirements. There are only a few states that allow non-residents to finalize in their courts, and in at least one of those states - TX, where our son was born - we had to complete six months of court-ordered post-placement supervision prior to finalizing. We had a TX and VA attorney who handled our ICPC paperwork, and our VA agency completed the post-plaement supervision and report to the court. Whomever you hire as your attorney, make sure they've got experience in domestic parental placement adoptions. Laws are very intricate and can appear contradictory to a run-of-the-mill family law attorney or one who works more in international adoption. Best of luck. Regina
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Thoughts become Words. Words become Actions. Actions become Character. Character is Everything. "It will all be OK in the end. If it's not OK, it's not the end." - My friend Amy "As God is my witness," Mr. Carlson insists, "I thought turkeys could fly" Philly Area AParents Meetup! http://adoption.meetup.com/117/ |
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#7
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We were initially told to get attornies in both states. They both took our retainer money. We were told we could finalize in our state, but the judge was hesitant. He finally allowed for the homestudy to begin through our county. We paid the county for the homestudy and the judge promptly changed his mind. He told our attorney he wanted to make this as difficult as possible for us hoping we would back out because he thought there was too great a risk...young birth mom. He didn't know the whole story so he couldn't know that she had specifically asked for us and that we were not going to abandon her after she put her trust in us, especially since it was a month till her due date and she would have to rush around trying to find another family! So, the adoption would have to be finalized in the sending state. That state wouldn't accept a county home study, so we needed to do another one though an agency (which was a LOT more money) and have it expeditied since it was less than 30 days till the due date (even more $)...we were NOT loving that judge! So, we were paying for 2 homestudies and the fee to expedite. The atty from our state says she has nothing else to do since the adoption would have to be finalized in the sending state. We thought we would get the balance on the retainer. After the birth and we returned to our state, no refund. I called. I called again. I called and wrote letters. Finally, I got a few bucks and a list of the expenses...she continued to bill for months after she told me she would have no more use in the case. She chaged us to review the records! She supposable called the other atty to discuss the case and charged us for that...although she had not reason to call to get info since she wouldn't and couldn't do anything legally for us! AGR. The atty from the sending state was upset by it and couldn;t beleive she had blown through nearly every penny of the retainer...for nothing. Beware. In our case, it was certainly easier to do it all thought 1 attorney in the sending state...plus our states are neighbors, so it isn't like we were flying all over the country. We had plenty of snafoos along the way, mostly from judges, but in the end, we have our amazing little girl and every single emotional moment was worth it. And every penny! Funny how people say adoption is "so expensive" and it is not cheap, but when you think of what people spend on cars or "toys", how much more is a CHILD? It is amazing that adoption is so cheap. I wish there was a network for families who want to adopt, but for whom the legal costs and travel costs are too high...they can afford to care for a child, but not to adopt one...maybe lawyers who would offer their services at a reduced rate and travel vouchers? Reduced rate hotel stays for interstate adoptions. We were in a hotel for 11 days with our 3 kids...a 2 year old, a 6 month old, and a newborn! But it was wonderful!
Make sure you have a real adoption attorney and not some family law attorney who is learning as he goes...you will be paying for his education and his mistakes! I loved our attorney from the sending state! She was wonderful!!!!
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Some Babies Die By Chance...NO Baby Should Die By CHOICE. |
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#8
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We live in CA and our baby was born in AZ. We had to have an attorney in both states. One to represent the ** and ours and we also finalized in CA.
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Denice Signed with Facilitator 10/04 Matched with bparents 01/05 Born 05/13/05 and home with us 05/16/05 Finalized 04/26/06 |
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#9
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We live in Washington and adopted in Idaho (finalized in Washington, though). We had attorneys in both states. Our agency, located in Idaho, has an attorney they use pretty exclusively. We just went with him. At home in Washington, we chose our own attorney.
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#10
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which is better and cheaper atty vs. agency ?
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#11
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To use an old line - cheaper is not always better and better is not always cheaper. What you really need to look at is (a) what you need the atty/agency to do for you; (b) where you need them to perform services; (c) what your budget is and how financially flexible you can be; (d) which of the two can best navigate the often unsettling waters of the interstate compact; (e) which is best able to give your case the atention it needs to best protect your rights and those of the baby you will eventually adopt; and (f) with whom are you most comfortable?
After you've answered those questions you'll know much better whether an attorney or agency best suits your needs and budget. All the best, Rob |
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