Should You Use an Adoption Agency or Adoption Attorney?

When adopting a child, there are plenty of legal snafus that can get in the way of your dream, which is why many people hire adoption attorneys to handle the paperwork. Others work exclusively with adoption agencies to complete the process, and still more decide to go with both. Which is better for you? Should you use an adoption agency or an attorney to bring your little bundle of joy into your lives?

The answer to this question is different now than it would have been twenty years ago, and will likely change even more over the coming decades. An adoption agency is crucial to finding a suitable adoptive child, but they aren't necessarily capable of handling the legal aspects of this life-changing decision. An adoption attorney, on the other hand, isn't as adept as the agency at finding and placing children, but is far more capable with the legal side of things.

If you're going to use an adoption agency alone, my advice is to find one with significant legal representation. The attorneys will have to handle the severance of parental rights concerning the biological parents as well as transfer of custody on paper. Most adoption agencies have lawyers on retainer these days, which certainly helps adoptive parents with the process.

However, make sure you actually speak with the agency's representation before deciding not to hire a lawyer of your own. Many adoption agencies have hundreds of children for whom they are trying to find homes, and are working with just as many families who want to adopt. If you don't think that the agency can provide sufficient personalized legal care, you might want to go with your other option.

Some adoption attorneys specialize only in finding and placing children, and are therefore almost as well-versed on the issue as an adoption agency. The major drawback to using a lawyer and no agency at all is that attorneys charge extraordinarily high hourly fees. You'll be paying them not only to handle the legal aspects of finding a child, but also the rest of it. This can get extremely expensive.

If you are going to hire an adoption attorney, ask for references before signing anything. Find out how other families have made out with this lawyer's services, as well as how many children he's placed. This will help you make an informed decision based on results, rather than a creative sales pitch.

Your last option, of course, is to hire both an adoption agency and an adoption attorney. This seems to be the best of both worlds, and can be easier on the pocketbook while still maintaining a high level of service. When you retain both parties to help with your adoption, you gain two separate advocates who can work for you to find the perfect addition to your family.

Whatever you choose, the adoption process can be long and arduous. You'll have to meet with both the agency and the attorney to discuss your options, and they will have to work together to ensure that your needs are met. In some cases, an adoption agency will recommend a qualified attorney, in which case you're probably better off.