[Tiffanni]

Hi everyone.
We will be hearing about a court date any time now for finializion of our almost 7 month old, Nate.
I got an email from our agency this afternoon that brought up a question, that silly us hadn't thought of yet.
She asked if we were doing through a lawyer or doing the finalization ourselves.
I guess I am confused about the question, I am not sure what finalization actually entails.
I am waiting to hear back from her, but thought I would ask around here and see if anyone has any advice.
Thank you.

[devildogwife]

I'm a little confused by your post. Who set your court date? Do you have an attorney?

Our attorney entered many documents into evidence showing that it was in my son's best interest to finalize early. It was very involved. We were questioned by the judge and our attorneys over the phone in my son's hospital room. His name was also changed in the hearing.

[hedgie]

We also are unable to finalize unless we do have an attorney...
I'm not sure how you would/could get around that...
I know that we would never have been given a date in court if it wasn't for the attorney.
Needless to say it's one more person to give money too, and that is very frustrating, but the only way we can finalize is to do it through an attorney!!!
I have heard that some adoption agency's have their own attorneys built in so tech. the agency is there- but I would love to hear what your outcome is.

[Adopted-B-4]

Tiffani-Our agency did everything but the finalization was left up to our attorney. He basically cut through the red tape, and made sure everything was done right. He stayed in contact with our agency and got all information directly from them. When we went before the judge, he looked over all of the paperwork to be sure everything was there. He had a question about something and our attorney was right there to answer it. Honestly, I think we were too nervous and scattered to be able to do it ourselves, but that's us.

[Lilly's Mommy]

Tiffani - I'm in California as well and you are not required to have an attorney. We chose to, just because we didn't know what we were doing and didn't want to worry about getting it wrong. If we adopt again everything is smooth, we may choose to file the paperwork ourselves. I know of others who have done it, and it really doesn't entail much legwork (if you have a straightforward situation - no contesting from the BF).

If you do choose to go without an attorney, your agency or your state social worker should be able to assist you with getting the forms you need. (For those not in CA, the DSS follows you post placement and does a homestudy even with a private adoption. That may be different than in some states.) Those papers need to be completed and sent to the court before finalization can occur. Once received by the court, your date can be set.

The finalization itself consisted of us, DD and our family going into the courtroom (along with others who were finalizing that day). We were called up to the table at front, asked a few questions (ie: Are you at least 12 years older than the child being adopted? Umm, yeah. Are you entering into this adoption willingly? Do you intend to provide this child with every benefit of a "natural" child, including inheritance?... basic stuff) The judge ruffled through the paperwork, said that he saw proof that we were fit to adopt and that it was in the best interest of Lilly that she become our child, and then said that from that moment, her name would be ______ (the name we had submitted) and she was legally our child. Bang gavel. Much clapping. I was teary eyed through the whole thing.

ETA: We chose not to have our attorney present at the court hearing. It was not at all necessary, as all of the forms had been completed, and it saved several hundred dollars in attorney fees (his time to sit there and do nothing that needed doing).

[loveajax]

hmmmm...our agency fee included the fee for the attorney for finalization.

i am an attorney myself, but i frankly wouldn't know what to do (without doing some research....and I would hate to screw up my own case!) so we used the agency attorney. i had some connections so i scheduled the hearing myself and the attorney couldn't make it (but that was fine anyway, since all the paperwork was in order).

good luck....i would hate to recommend spending the money on an attorney if it is unncessary, but it is peace of mind too. congrats, btw!