DCS and Agency Adoption – Selecting an Attorney to Represent You

ADOPTIVE PARENT’S ATTORNEY’S ROLE IN THE FINALIZATION PROCESS

  • Prepare the adoption petition, file the case where you live or where you direct, consistent with the law.
  • Schedule hearings or pace the case at your direction and work toward your goals. i.e., quick finalization, more information, delay to get settled.
  • Review documents for termination of the birth parents’ parental rights to ensure that your adoption is on a legally solid foundation.
  • Answer your questions about what you are allowed to know and receive about your child. The attorney must share access to any information he or she has related to your case.
  • Keep you informed about the legal status and progress of your case
  • Answer your questions about adoption assistance and review your contract if you desire.
  • Prepare the final order of adoption, and schedule the final hearing at a time that is good for you and workable for others. Provide you and the agency notice of when the case is set for final hearing.
  • Conduct your finalization hearing, obtain copies of the final order for you and the agency, and ensure that the birth certificate application is submitted.

 

THE AGENCY’S ROLE IN THE FINALIZATION PROCESS

  • Identify the birth parents.
  • Secure the termination of the birth parents’ parental rights.
  • Obtain guardianship of the child.
  • Select prospective adoptive parents and present them with information about the child.
  • Complete and file with the court the home study and supervisory reports.
  • Prepare subsidy request and contract (if child is eligible). Negotiate any disagreements regarding the terms of the contract.
  • Prepare court reports and submit appropriate documents to court.
  • Consent to adoption.
  • Prepare birth certificate application.

Adoptive Parent’s Role In The Adoption Process

  • Select an attorney.
  • Provide accurate case information and direct the attorney.
  • Sign the adoption petition before a notary.
  • Ensure that the adoption assistance, if any, is adequate and that the contract is signed before the adoption.
  • Prepare the child for adoption and the finalization hearing. If the child is 14 years old or older, he or she will need to sign a consent, privately with the judge.
  • Attend the finalization hearing.
  • Ensure that the birth certificate application and social security application or modification takes place and the agency gets copies of these documents.