what lawyer do i need to adopt nephew's baby

Usually, an adoption attorney is all you need for an independent adoption. If you do need additional support or resources, your attorney should be able to partner with adoption agency or other adoption professionals to provide these services. Attorneys are reviewed by the state every year, ensuring they comply with their state’s adoption laws.

Full Answer

Do I need an adoption lawyer to adopt a child?

In either event, the adoption lawyer will prepare the necessary legal paperwork to legally adopt the child. I do want to point out that the cost of the lawyer will be in addition to any fees you have paid to your adoption agency. Make sure you discuss with your adoption agency what the legal fees will be.

Can I adopt my sibling or niece/nephew or grandchild?

Can I Adopt My Sibling, Niece/Nephew, Grandchild or other Family Member? Yes — if you’re eligible to adopt a child, then you can adopt a minor child who is related to you through a family adoption in Virginia, Maryland or the District of Columbia.

Do you need an immigration attorney for a kinship adoption?

Keep in mind that if your relative is not a U.S. citizen, you will need an immigration attorney to assist you before completing an adoption. Your relative must be a U.S. citizen in order for us to complete your kinship adoption.

How to adopt a child from a family member?

You’ll petition the court to adopt your family member. You may have to complete any required home studies and submit any necessary documentation to verify that you’re prepared to parent this child. The child will be placed in your care, and you may undergo a post-placement supervision period.

Can a US citizen adopt a nephew?

Whether the children who can be adopted were orphaned, removed from their parents, or have legal orphan status for another reason, US citizens can adopt their nieces, nephews, cousins, or other family members who find themselves without their biological parents.

Can I adopt my nephew and bring him to US?

You can adopt your nephew, who isn't a US citizen, and bring him to the US, but there will be many rules and protocols to follow. Immigration law stipulates that a citizen or permanent resident of the United States can adopt a foreign child.

Can I apply green card for my nephew?

U.S. immigration law offers no direct way to obtain U.S. green cards for one's grandparents, aunts, uncles, nieces, nephews, and more extended relations—unless you can create a chain of relationships so that a more immediate family member can petition for them.

How do I file I-130 for adopted child?

Parents must accrue two years of legal and physical custody and obtain a full, final adoption of the child to be eligible to file an I-130. Legal and physical custody can be accrued at one stretch of time or cumulatively over several periods. They can also be accrued before, during and after the adoption.

What to do if you don't want to use an adoption agency?

Adoption Lawyers: If you did not want to utilize the services of an adoption agency, you would hire the services of an adoption lawyer. This is usually done when you already have a birth mother in mind. However, some adoption lawyers will help you locate birth mothers as well.

What do adoption lawyers do?

The adoption lawyers will prepare all the legal documents necessary to complete your adoption. They will prepare the documents to terminate the parental rights, and they will complete the documents for the finalization of the adoption. Again, my only advice when hiring an adoption lawyer is to meet with more than one.

What is agency adoption?

You hire a specific agency to help you with your adoption, and they will be there every step of the way for you. They will complete the necessary paperwork needed to complete a home study. They will help create a portfolio, if necessary.

Can an adoption lawyer do a home study?

As I mentioned above, an adoption lawyer will not be able to complete your home study for you. In almost every adoption, a home study is a requirement to move forward with the adoption. This means, in addition to hiring an adoption lawyer, you will also need to hire the services of an agency to conduct your home study.

Is adoption expensive?

When you sit down to meet with an adoption lawyer or an agency, make sure you know what their fee breakdown is. It is no secret that adoption is expensive.

Is every adoption unique?

Every case is unique, every family is unique, and every adoption is unique. Some adoption lawyers will perform fewer adoption services and some will perform more. I think it also depends on where you live. Some smaller communities may not have adoption lawyers available.

Can an adoption agency complete a home study?

This is something that needs to be completed by a certified worker or agency. However, if you are working with an adoption agency, you will not need to worry about finding someone who will be able to complete your home study for you, they will be able to help you with that.

What is relative adoption?

A relative adoption, sometimes also referred to as a kinship adoption, is when an adult adopts an eligible family member. Sometimes this occurs when a child has already been living with a family member who has acted as their guardian or parental figure, and the family decides to legally protect the child’s status within ...

What are the benefits of kinship adoption?

One of the greatest benefits of kinship adoptions is that they are a simpler legal process than a traditional infant adoption.

Is it easier to adopt a baby or a kinship?

Some parts of the domestic adoption process will not apply to the kinship adoption process, which can make the process easier and faster.

Do you need an attorney to adopt a child?

However, you’ll still need an adoption attorney to complete the relative adoption process. When you adopt a family member, just like with any other type of adoption, you need to make sure that it’s completed correctly so that you and your child are legally protected.

Can I adopt my sister?

Can I Adopt My Sibling, Niece/Nephew, Grandchild or other Family Member? Yes — if you’re eligible to adopt a child, then you can adopt a minor child who is related to you through a family adoption in Virginia, Maryland or the District of Columbia.

1 attorney answer

You will first need to request a guardianship over your niece and nephew, then seek to terminate the parental rights and adopt them. If the mother is willing, she can agree to all of this in advance and make the process smooth for you. If you have to contest it, the going may be rough.

Keith Pickard

You will first need to request a guardianship over your niece and nephew, then seek to terminate the parental rights and adopt them. If the mother is willing, she can agree to all of this in advance and make the process smooth for you. If you have to contest it, the going may be rough.

How many professionals do I need to adopt a baby?

You only need one professional for an independent adoption: If you’ve already found who you would like to adopt your baby, you won’t need to spend time looking for another professional who can help you find other adoptive families. Technically, once you’ve found a family to adopt your baby (and they’ve been approved to adopt by a home study), an attorney is all you need to legally complete the adoption process. However, you could be missing out on some important adoption services if you choose this path — as we will explain below.

Do adoption attorneys offer counseling?

You won’t receive the same amount of support: Adoption counseling is a vital part of the adoption process. Like we mentioned earlier, adoption attorneys and adoption law firms mainly focus on the legal side of an adoption; they typically don’t have the resources to support you emotionally through the adoption process. Because adoption is such an emotionally difficult journey, it can be hard to recommend a professional that doesn’t offer ongoing support throughout the adoption and long after.

What are the rights of an adoptive parent?

Like any other adoptive parents, adopting relatives gain full parental rights for the child they adopt. This means the adopting family members will be able to: 1 Make medical decisions and obtain medical records for the child 2 Ensure inheritance rights and insurance benefits for the child 3 Easily perform everyday tasks, like enrolling the child in school 4 And more

What can an adoptive family do?

This means the adopting family members will be able to: Make medical decisions and obtain medical records for the child. Ensure inheritance rights and insurance benefits for the child. Easily perform everyday tasks, like enrolling the child in school. And more.

Do you need a home study for adoption in North Carolina?

Assisting with the Pre-Placement Investigation: While the home study is not required to complete a relative adoption in North Carolina or Georgia, the court may require a simple investigation.

Can a child be adopted in Georgia?

In Georgia and North Carolina, a child who has any living parent or guardian may be adopted by an adult who is related to them by blood or marriage. Like any other adoptive parents, adopting relatives gain full parental rights for the child they adopt.

What is relative adoption?

About Relative Adoption. Relative adoption is defined as any adoption in which the prospective parents are related to the child by blood or marriage. In these adoption situations, the adoptive parent is often a grandparent, aunt, uncle, cousin or sibling.

How long does it take to adopt a child in South Carolina?

In most South Carolina adoptions, the family must wait at least 90 days after filing the adoption petition before attending the finalization hearing. However, this is not the case for relative adoptions, and most hearings are scheduled within weeks of beginning the adoption process. Because there are fewer legal requirements to adopt ...

How to protect your child's health?

Easily perform everyday tasks, like picking the child up from school, enrolling in classes, and more. Claim the child on your taxes and receive social security benefits . Help protect inheritance rights and insurance benefits for the child.

Is relative adoption the same as nonrelative adoption?

In many ways, relative adoption is similar to any other type of adoption. Just like in nonrelative adoptions, the relative adoption process terminates the parental rights of your child’s biological parents and establishes a new legal parent-child relationship. However, relative adoption in South Carolina is simpler than nonrelative adoption in ...

Do you have to file an accounting for adoption in South Carolina?

While most adoptions involve a thorough home study process, this requirement is waived for relative adoptions unless otherwise directed by the court. An accounting is not required. South Carolina requires adoptive parents to file an accounting with the court, which explains all payments made in connection with the adoption.

Can you adopt a relative in South Carolina?

Because there are fewer legal requirements to adopt a relative in South Carolina, the relative adoption process is often more streamlined and cost-effective than many other forms of adoption. With Rick’s guidance and legal expertise, you can legally establish the parental rights and sense of stability your family needs, all within a matter of weeks.

Do you have to search for an adoption opportunity?

You do not have to search for an adoption opportunity. In fact, in many relative adoptions, the relative has been acting as the child’s caregiver for some time before beginning the legal adoption process. A home study is not required.

Do adoption attorneys provide support?

Most adoption attorneys do not provide ongoing support for adoptive families after the adoption has been finalized, although some are able to refer families to a therapist specializing in adoption issues or other resources.

Do adoption lawyers have to be pre-adopted?

Adoption lawyers often do not have and do not require the same level of pre-adoption education as most adoption agencies. (I believe all adoptive parents should be well educated on the adoption and adoptive parenting before the adoption.)

Can an adoption agency handle domestic adoption?

Adoption attorneys usually only handle independent domestic infant adoptions through birth parent relinquishment.

Is it hard to adopt through an adoption agency?

It is hard to make hard and fast distinctions between adopting through an adoption agency and adopting through an adoption attorney because there is a great deal of variation amongst adoption agencies and amongst adoption lawyers. Some agencies provide few of the resources expected of adoption agencies, while some attorneys provide more.

Do adoption lawyers have restrictions?

As a general rule, adoption lawyers have fewer restrictions for adoptive parents (age, marital status, sexual orientation, # of divorces, religion), although it restrictions depend upon the agency and not all agencies have them.

Does an adoption agency charge birth mother medical expenses?

It is possible to find an adoption agency that charges on a sliding fee scale or does not charge birth mother medical expenses directly to the adoptive family , thus saving the adoptive family money. These payment options are seldom available with independent adoptions via an adoption attorney.

Do adoption lawyers provide counseling?

Most adoption agencies provide counseling to the expectant woman and the father and even her extended family throughout the pregnancy and after the adoption. Few adoption lawyer provide counseling as part of their service although they should be able to refer the expectant woman to a counsel or and bill the adoptive parents.