5 Legal Issues Where Your Adoption Lawyer Can Assist You

As you start looking for a birth mother and a child to adopt, you should be aware that the process is going to be long and difficult. There are several obstacles that can arise along the way, but starting early can be helpful. First, you should be asking yourself which adoption lawyer near me in Springfield, IL, should I hire? Why is this important? Because an attorney can assist you with the following legal issues that may arise throughout the adoption process.

Terminating Parental Rights

One thing that is often overlooked is the process for terminating parental rights of the biological parents. This can be especially difficult if the mother doesn't know who the father of the child is. If this is the case, your attorney can help you determine the right course of action to take. Until you terminate the parental rights of the biological parents, they continue to have the right for custody, the child's care, and making decisions on behalf of the child. You can't assume that the steps have been taken to terminate rights. Make sure that your attorney helps you through the process before you finalize the adoption.

The Indian Child Welfare Act

If the child whom you're adopting is of Native American descent, you should be aware of the Indian Child Welfare Act of 1978. This federal act prevents a Native American child from being adopted without consent from the parents and the tribe. Some people have run into issues when the parents give their consent, but the tribe refuses to give consent. In this case, your attorney can help you figure out the best course of action to take.

Putative Father's Rights

In many cases, the child up for adoption has a single, unwed mother. The mother may not know the father or may not have a relationship with him when she makes the decision to have the child adopted. The father can still claim his rights to the child, but he needs to prove his commitment. He should have signed the birth certificate, provided support to the child, communicated with the child, and obtained a court order of his rights. If the father has taken these steps, then the courts will lean in his favor. However, he needs to prove that he has concern for the child's welfare.

Multi-Ethnic Protection Act

When adopting a child of a different ethnic background, some people may try to prevent the adoption from going through. They would prefer to have the child with parents of the same ethnic background to ensure that the child will grow up knowing his or her culture and ethnic background. However, thanks to the Multi-Ethnic Protection Act of 1994, it's illegal for anyone to prevent parents from adopting any child. If someone is trying to prevent you from adopting a baby for this reason, your attorney can make sure that nothing will go against your rights according to the Multi-Ethnic Protection Act.

Open Adoption

The question as to whether you should have an open or closed adoption is an important one when it comes to adoption. There is an agreement that both the biological parents and adoptive parents need to sign and have approved by the courts. If either party is uncomfortable with an open adoption, this should be discussed early on so the other party can decide whether or not to proceed.

With the various issues that can arise, you should be asking yourself, "Which adoption lawyer near me in Springfield, IL, should I hire?" Find someone that can help you through the process and offer assistance whenever a legal problem becomes known.

Source : articlesbase.com