Partnering with an adoption attorney
Texas adoption law can be complex and a false step can result in a malpractice suit or even the loss of your license to practice law.
When you are representing an adoptive couple, it is very easy–and dangerous–to slip into the role of advisor to the birth mother.
It is extremely important that an adoption attorney represent the birth parents. This will make it much more difficult for the birth parents to convince a judge that they were misinformed about their parental rights.
There are other good reasons why you need to partner with an adoption attorney. Here are some facts and questions to consider:
1. You must be able to put together a package acceptable to both the sending state and receiving state. Most states want detailed background reports on the birth parents, including information on health, social history, education and genetics.
2. You must have a good working knowledge of the interpersonal dynamics of dealing with birth fathers. A false step here can result in litigation and the annulment of an adoption.
3. Have the birth parents established a common law marriage? How does this affect the adoption?
4. How do you determine the birth mother’s sexual history and whether she has used drugs?
5. Is there a history of mental illness? Failing to secure this information may result in a malpractice suit.
6. All potential fathers must sign waivers. What happens if a birth father steps forward after the adoption is finalized?
7. DNA testing is becoming more common. What role does it play?
Gerald Bates has partnered with other attorneys in hundreds of private placement, agency and interstate adoptions. He has conducted seminars for legal professionals in the Dallas/Fort Worth area for many years. He is also an experienced litigator which sets him apart from most adoption attorneys. Contact us if you would like more information.