Finding Your Adoption Attorney

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Adopt: Assistance Information SupportFinding Your Adoption Attorney

by Diane Michelsen, J.D., M.S.W.

Once you have decided to explore adoption, we suggest that you contact adoption groups (for presentations and /or workshops) and read available books and articles to learn as much as possible. Groups such as Resolve and friends (or friends of friends) who have adopted can be excellent resources. For additional information, other resources may be found under the "Adoption" heading in the yellow pages.

The adoption network is quite active and you may notice that some attorney names crop up with frequency. Do feel free to contact various attorneys. The following questions may be helpful in obtaining useful information:

1. Philosophy: What is the attorney's philosophy about adoption in general? For example, What are the attorney's feelings about "open" and "closed" adoptions, and why? What about identified agency or independent adoption? Do the attorney's attitudes match yours, and/or is the attorney willing to adjust to your desires and needs? What is the attorney's view of his or her role in the adoption process?

2. Expertise: What is the attorney's adoption background, both legal and otherwise: Is the attorney experienced, knowledgeable and competent? How many adoptions does the attorney work with each year? Do ask for references, if desired.

3. Billing: How does the attorney bill, and what is the average cost of an adoption? Some attorneys bill on an hourly basis, while others charge flat fees for their services. (Remember not to compare just hourly rates. An attorney who is an expert in his field can often work far more efficiently than someone who is unfamiliar with the area.) The specialist knows the key issues as well as the details to preclude problems later!

4. Accessibility: Does the attorney return phone calls, and if so, when? Does the office keep you up-to-date and involved in your case? Are copies of relevant correspondence or documents regularly sent to you? Will the attorney accept collect calls from birth parents? Does the attorney have a toll free number for birth parents to use? Is the attorney available for emergencies on weekends or after office hours? When your attorney is away from the office, is another knowledgeable attorney on hand to answer your specific questions and concerns?

5. Counseling: Does the attorney view counseling for birth parents and adopting parents as helpful or useful? Why or why not? Will the attorney assist in locating appropriate counselors if requested?

6. Assistance: Will the attorney actively assist you in finding an adoption situation as well as handling the necessary legal work? If so, how will the attorney assist in your search? Are there existing networks, advertising or other avenues that will be helpful to you? Does the attorney advertise in the yellow pages? How successful has the attorney been in the past?

7. Personalities: Are the attorneys and the support-staff pleasant people who help you to feel at ease and who will assist your birth parent graciously? Your attorney-client relationship is likely to extend over several months' time, both before and during the adoption. It should be clear that the attorney is interested in providing you with competent, thoughtful and caring service, and that he or she is committed to working diligently on your behalf.

Most attorneys will need to meet with you in person only once, since the majority of work is done in writing and by telephone. Thus, you need not feel limited to attorneys in your own immediate area.

Diane Michelsen, J.D., M.S.W.
Ó 1996 Law Offices of Diane Michelsen, Lafayette, California