Any area of the law can provide satisfaction to the practitioner for a job well done, especially if the client is contented with the result. In most of these cases, however, there is usually one side who does not share that feeling and who may feel that justice was denied. In adoption cases, however, there can be a mixture of professional satisfaction along with a joyous feeling shared by all, including the adoption attorney, that a new family has been created or extended.
Adoptions are generally relatively easy in many cases. A suitable family has been found to adopt an eligible child and no obstacles exist for the smooth transition for the child to become a member of a family.
Unfortunately, many adoptions can present numerous issues and obstacles to overcome that not all legal practitioners are aware of or have encountered if they have handled some previous adoptions. These may include the following:
- Second thoughts by the biological mother.
- If the child is coming from a different state or country.
- Whether the applicable provisions of the Interstate Compact for the Placement of Children (ICPC) has been followed in your case.
- Objections by the biological father.
- If the biological father’s rights need to be terminated.
- Terminating the rights of the parents in cases of abandonment or abuse.
- If the biological father is in the military requiring compliance with the Service members Civil Relief Act.
- If the child’s mother is a Native American.
- When a background check of an adopting parent reveals an undisclosed criminal record.
- Learning about open adoption laws.
- How the laws on tax and estate planning affect the adoption.
Knowing in advance what the potential issues are in an adoption is usually within the purview of an experienced attorney who has handled such issues before and been successful. You and your attorney have to carefully follow any applicable laws and ensure that all parties in the process have access to legal counsel.