Adoption

Adoption is a way for many to build or grow their families. The choices for adoption can be overwhelming. Contact Hawthorne Merrill Law to review discuss the options and determine what’s best for you.

Domestic Adoptions

Domestic adoptions are adoptions that take place in the United States. They occur when a couple from the United States adopts a child born in the United States. Domestic adoptions can be facilitated through a public agency, a private agency, or independently without an agency. We can work with you to figure out what type of adoption is best for you. We can also work with you to finalize your adoption once you have already begun working with any agency.

For families wishing to adopt domestically, Jane will advise clients on their legal rights and responsibilities and will provide an overview of the entire process, including the home study process and the difference between private agency adoption, public agency adoption and independent adoption. Jane works with clients at all stages for the process from initial consultations, searching families, legal issues, finalizations and ICPC. She is retained at various stages of the process to assist clients based on their needs at the time.

State laws vary regarding when the birth parents may consent to the adoption and whether they can revoke that consent within a certain amount of time. In most states independent adoption is permissible, but it is prohibited in some states. It is important to keep in mind that adoption is governed by state laws that differ as to whether attorneys may facilitate adoptions, whether independent adoptions are permissible, the amount of time a birth parent has to revoke their consent, compensation an adoptive parent may provide for a birth parent’s expenses, and the amount of time it takes for an adoption to be finalized.

Contact Hawthorne Merrill Law if you have questions about this process and how it might work for your family.

*** Jane Merrill is only licensed to practice law in South Carolina. Should you need legal advice regarding another state’s laws, Jane will direct you to an appropriately licensed attorney in that state.

Pregnant? Birth Parent Representation

Birth parent representation means representing birth parents that choose to place their child for adoption. Jane works with birth parents to make sure they are fully informed of their rights and options prior to consenting to adoption and signing the necessary paperwork.

Second Parent Adoption

Second parent adoptions are sometimes required when unmarried partners wish to co-parent a child. A second parent adoption may also be required when a child is conceived through some types of assisted reproductive technology.

Contact Hawthorne Merrill Law if you have questions about this process and how it might work for your family.

Stepparent Adoption

Stepparent adoptions occur when the biological parent has married someone they wish to be the legal parent of his or her child. The biological parent of that child or children must have his or her parental rights terminated or ended in order for the new stepparent to become the legal parent.

This process is sometimes done when the biological parent consents to the adoption and voluntarily signs a Consent to Adoption form so that his or her parental rights can be terminated and the stepparent adoption can proceed. If the biological parent cannot be found to consent to the proposed adoption, or if he or she is opposed to it, there is a process to terminate his or her parental rights without that parent’s consent. If the whereabouts of the parent are not known, it may be possible to proceed through publishing notice of the proposed adoption to give the biological parent notice of the proceeding and of the right to have his or her day in Court to contest the termination of rights. If he or she fails to respond and appear in Court at the designated time and object, his or her parental rights can be terminated or ended by the Court.

If the person’s whereabouts are known and he or she contests the adoption and termination of parental rights, there may be a trial and the judge decides if parental rights should be terminated without consent. However, it can be a very costly and uncertain process that is best discussed in detail with an attorney.

Contact Hawthorne Merrill Law if you have questions about this process and how it would work in your family’s situation.

Relative Adoption

Relative adoption may occur for different reasons, such as the death of a parent or a parent’s inability to care for a child. If either or both biological parents of that child or children are living, parental rights must be terminated so the relative may adopt.

This process is sometimes done when the biological parent consents to the adoption and voluntarily signs a Consent to Adoption form so that his or her parental rights can be terminated and the stepparent adoption can proceed. If the biological parent cannot be found to consent to the proposed adoption, or if he or she is opposed to it, there is a process to terminate his or her parental rights without that parent’s consent. If the whereabouts of the parent are not known, it may be possible to proceed through publishing notice of the proposed adoption to give the biological parent notice of the proceeding and of the right to have his or her day in Court to contest the termination of rights. If he or she fails to respond and appear in Court at the designated time and object, his or her parental rights can be terminated or ended by the Court.

If the person’s whereabouts are known and he or she contests the adoption and termination of parental rights, there may be a trial and the judge decides if parental rights should be terminated without consent. However, it can be a very costly and uncertain process that is best discussed in detail with an attorney.

Contact Hawthorne Merrill Law if you have questions about this process and how it might work for your family.

Independent/Direct Placement Adoption

With independent adoption, prospective adoptive parents and birth parents create an adoption plan without an agency. Prospective adoptive families may retain an attorney to prepare them for the adoption process. Birth parents considering adoption may contact an adoption attorney for more information about adoption and to assist them in selecting an adoptive family. The two families often learn of each other through family members, friends, neighbors, co-workers and other “networking” avenues. Some adoptive families advertise in newspapers or online to let people know that they want to adopt a child.

Once the adoptive parents and birth parents find each other, they create an adoption plan that outlines how the adoption process will go. It is important that the adoptive parents and birth parents have separate attorneys. After the child is born, the birth parents execute a consent to the adoption. The method for obtaining this consent varies by state.

In most states independent adoption is permissible, but it is prohibited in some states. It is important to keep in mind that adoption is governed by state laws that differ as to whether attorneys may facilitate adoptions, whether independent adoptions are permissible, the amount of time a birth parent has to revoke their consent, compensation an adoptive parent may provide for a birth parent’s expenses, and the amount of time it takes for an adoption to be finalized.

Contact Hawthorne Merrill Law if you have questions about this process and how it might work for your family.

*** Jane Merrill is only licensed to practice law in South Carolina. Should you need legal advice regarding another state’s laws, Jane will direct you to an appropriately licensed attorney in that state.

Private Agency Adoption

Each private adoption agency will have its own policies, rules and requirements for families who seek to adopt a child through that agency and for its home study requirements. Private adoption agencies may allow a birth mother to choose the adoptive parents and the degree of openness she requests between the families, if any. From the perspective of birth parents, an agency adoption does not differ too much from that of an independent or private placement adoption. From the perspective of adoptive parents, the policies and costs of working with an agency can be different from those involved in an independent private placement adoption.

It is helpful to seek the guidance of an attorney no matter what type of adoption you are choosing in order to understand the process and discuss the legal issues involved. Jane offers assistance in reviewing the different types of adoption programs that are available and in deciding which would be best suited for your family.

Contact Hawthorne Merrill Law if you have questions about this process and how it might work for your family.

Public Agency Adoption

The agency involved in public agency adoptions is social services, which is the government entity responsible for foster children and has different names in various states. In South Carolina, it is the Department of Social Services. There are four regional adoption offices in South Carolina. In public agency adoptions, the prospective adoptive child is usually in foster care. When a child is placed in foster care, the birth parents have a certain amount of time to do what is necessary to reunify with their children. When reunification does not occur, a goal in the child’s case may change to adoption and parental rights may be terminated. The prospective adoptive parent in these cases may be a foster parent, relative, or a family seeking to adopt. If parental rights are terminated, the agency consents to the adoption.  If parental rights are not terminated and the birth parents do not consent, the court will hold an evidentiary hearing to determine whether the adoption should move forward. Adoptive parents will have to go through a home study as part of the process. Adoptive parents may receive a financial subsidy if the adoption is finalized.

Contact Hawthorne Merrill Law if you have questions about this process and how it might work for your family.

 

FAQ

Q: How much does Adoption cost?

A: The type of adoption pursued determines the cost of an adoption. Public Agency adoptions tend to be the least expensive and sometimes do not cost the adoptive parents anything after subsidies, tax benefits and other factors. A private agency or independent adoption can cost between $10,000 and $40,000. Some of the factors that impact the cost of an adoption are whether the birth mother has medical insurance, where the adoption is being finalized, interstate requirements and the role of the birth father.

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