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Don’t Face an Adoption Without an Attorney


Don’t Face an Adoption Without an Attorney

Adopting a child is truly a heartwarming experience for families looking to grow, or couples who cannot bear children. While it might seem like a relatively easy process, certain kinks along the way can make this joyous time into a legal nightmare; our advice: don’t face an adoption without an attorney.

There are many different factors in the process of adoption which can lead to problems, such as the birth mother living in another state. Since there are different laws and restrictions for different states, as well as the federal laws regarding adoption it can be confusing. What about a child who lives in a different country? Adopting a child from abroad can bring many more challenges, as you must jump through hoops of that country’s laws and protocol.

The rights of the biological parents may also be a big issue when you are planning out the adoption. Many people now opt to have an open adoption if choosing parents within the US, instead of keeping it a secret to the child. This can involve communicating with the biological parents through emails, letters, and photographs throughout their childhood, and especially adolescence.

There may be additional hurdles from the biological parents as well, depending on if the father ever accepted parenthood or waived his rights. In rare cases, a father will not consent to an adoption and try to pursue rights to parenthood. It is often a wise idea to provide legal counsel for the mother, especially if she lives in another state.

There are many other issues, which can crop up regarding the Native American heritage of the child, if you or your spouse is on active duty in the military, or other legal issues. Remember our advice: don’t face an adoption without an attorney!

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About the Author

Aaron Bortel is a Lawyer in the San Francisco Bay Area. He’s been a Criminal Defense attorney for over 25 years whose practice is dedicated exclusively to DUI law. He has offices in Marin County and San Francisco and defends his clients in all Bay Area Courts and at DMV.