The cost of an adoption lawyer and the cost of adoption in the U.S. can vary greatly, from a couple thousand dollars to tens of thousands of dollars, depending on factors surrounding the case. On average, the hourly rate for an adoption lawyer is between $200 and $500 an hour or more.
The overall cost for an independent adoption can range between $5,000 to $40,000 or more. For an attorney who handles international adoptions, the cost may range between $15,000 to $40,000 or more, depending on the facts of the case.
What Is an Adoption Lawyer?
An adoption attorney is a legal professional who helps individuals or couples obtain legal and physical custody of a child of whom they are not the biological parent or parents. Such attorneys are also called adoption lawyers. In many situations, an adoption involves a child who was given up for adoption by their biological parents or who is an orphan. Sometimes, a child will be in the care of a certified foster care agency.
Under adoption laws, there are different types of adoption. An adoption lawyer can help potential adoptive parents determine the best type of adoption for their situation and help them complete the process.
In the United States, there are four main ways an individual can adopt a child, including:
- An adoption agency
- A private attorney
- Foster care
- Children born in foreign countries
An adoption lawyer can help prospective parents no matter which type of adoption they use. They can help them complete the required steps, assist with adoption documents, and handle any issues that arise during the process.
An adoption agency
When a prospective parent uses an adoption agency, which is a licensed organization, they will receive various types of assistance during the process, such as:
- Facilitating the adoption process
- Giving guidance and support to birth parents as well as prospective adoptive parents during the process
- Matching children with prospective parents
- Counseling services
- Helping with legal paperwork
Even if prospective parents use an adoption agency, having a lawyer can still help ensure that the process is handled correctly. They can make sure the process goes smoothly for everyone involved, and can answer any questions they may have, such as what is an agency adoption or how to win a contested adoption.
A private attorney
An adoption that is handled through a private attorney may be referred to as an independent or a private adoption. This is the type of adoption that is commonly used for step-parents when they marry a child’s biological parent.
Foster care
A child can also be adopted through the foster care system. These adoptions are typically free. The adoptive parents can also receive support from the foster care agency during the process.
Children born in foreign countries
Many individuals are interested in adopting children who were born in foreign countries. The international adoption process can be handled through an accredited adoption agency or a private adoption lawyer.
There are special rules that may apply to foreign adoptions, which an adoption attorney can help prospective parents understand. For example, there are some countries that may restrict adoptions based upon age, marital status, or sexual orientation.
An individual can visit the website of the United States Department of State to find out information on countries that are available for adoption. In addition, an attorney can help throughout the entire process.
No matter what process adoptive parents choose, having an adoption attorney will help ensure that they avoid any type of wrongful adoption issues.
What Does the Adoption Process Involve?
The adoption process often involves some contact between the child’s birth parents and their adoptive parents and often includes several steps, such as:
- Finding an appropriate child match who is available to be adopted, whether it is a newborn, older child, or child with special needs
- Considering whether prospective adoptive parents would be a good match for a child who is of a different background or ethnicity
- Considering the amount of contact they would be comfortable having between the adopted child and their birth parents
- Participating in a home study
- This usually insoles an evaluation of the prospective adoptive parents as well as educating them
- This process may take between three to six months and may require:
- multiple visits
- health examples
- proof of income
- proof of health insurance
- references
- Background checks of the prospective parents
- Paying the required fees and costs, including court filing fees and attorney’s fees
Most adoptions must be approved by a family law court, which finalizes the adoption. The court will make adoption decisions based on the best interest of the child. Once adopted, the child is viewed under the law as the biological child of the adoptive parents.
What Factors Influence the Cost of an Adoption Lawyer?
There are many factors that influence how much a lawyer will cost, including an adoption lawyer, such as:
- The location of the adoption – different states may have different fees and requirements
- Whether the adoption is domestic or international (international adoptions are typically more expensive)
- The complexity of the adoption
- The type of adoption – agency adoptions typically cost less than international or contested adoptions
- Whether the adoption is contested
- Whether the adoptive parents will need representation in court
- The fee structure the lawyer uses to charge their client – some attorneys may charge a flat fee for the whole process, while others may charge by the hour
When an individual has a legal consultation with a prospective adoption attorney, they can find out information on these factors. In addition, some attorneys will provide free initial consultations where they waive the consultation fee.
How Do Adoption Lawyers Charge for Their Services?
An adoption lawyer may charge a flat fee for the whole adoption process or they may charge an hourly rate, depending on how complex the case appears to be. It is important for a potential client to discuss how they will be charged and what those fees will cover before hiring the attorney.
In some cases, an adoption attorney will also require a retainer fee. This is similar to a deposit. The attorney will bill against that amount as they work on the case.
Once the retainer fee is used, they will charge their hourly rate. If the retainer fee is not entirely used, they may refund the amount to the client. That is not always the case, however, so a prospective client should make sure to ask whether their retainer will be refundable or non-refundable.
How Much Does an Adoption Lawyer Cost for Domestic vs. International Adoptions?
Typically, legal fees for a domestic adoption will cost less than an international adoption. On average, a domestic adoption will cost between $2,500 to $12,000 in legal fees.
An international adoption may range anywhere from $5,000 to $40,000 in legal fees. In these cases, there will be additional international issues, paperwork, and travel expenses that will cause the cost to increase.
Are There Affordable or Free Legal Options for Adoption?
There may be affordable or free legal options for adoption depending on an individual’s location and the services they are seeking. Foster care agencies are usually the most affordable avenues for adoption.
If an individual is considering foster care adoptions, they should keep in mind that these adoptions commonly involve children who have special needs or older children. Even if an individual chooses to use a foster care agency, a lawyer can still provide guidance and advice.
There may also be available federal assistance programs available to help with adoption costs. An individual may receive tax credits for certain qualifying adoption expenses.
There may be private organizations or foundations that offer loans or grants. An individual’s employer may offer reimbursement for adoptions expenses or paid leave time.
An adoption agency may also be able to give an individual information on state specific resources in their area. An individual can also consult with a local attorney for information on adoption resources that may be available to them.
What Services Are Included in an Adoption Attorney’s Fees?
An adoption attorney’s fees usually include:
- Legal representation until the adoption is complete
- Providing information on the options available
- Giving advice on potential legal complexities
- Preparing and filing necessary court documents
- Managing communication with the child’s birth parents, social workers, and adoptions agencies
- Helping with the home study process, which may include preparing for interviews and addressing concerns
- Negotiating adoption agreements
- Providing representation during court hearings
- Explaining adoption laws
- Helping with background checks
- Facilitating the finalization of the adoption
- Ensuring the process complies with state regulations and legal procedures
What Questions Should You Ask an Adoption Lawyer Before Hiring?
An individual may have many questions about the adoption process. Examples of questions that potential adoptive parents may want to ask before they hire an attorney include:
- How long have they been handling adoptions?
- Does their legal practice only involve adoptions?
- Are they a member of any of the following:
- The American Academy of Adoption Attorneys (AAAA)
- The American College of Assisted Reproduction and Adoption Lawyers (ACARAL)
- The American Bar Association Section on Family Law, Adoption Committee
- How will they charge for their services?
- What will those fees cover?
- Is a retainer fee required?
- If so, will it be refundable?
Should I Hire an Adoption Lawyer?
If you are considering adoption, are already involved in an adoption, or have any questions or concerns about an adoption, it is important to reach out to an adoption lawyer for guidance.
Adoptions can be complicated and involve numerous legal issues that may be governed by various state and international laws, the backgrounds of the parents involved, and the circumstances of the adoption.
Your adoption attorney can help you determine the best type of adoption for you, help you throughout the process, and greatly increase the chances of your adoption being approved.
In addition, your adoption attorney will be able to explain your rights and obligations under the laws of your state and the requirements of the type of adoption you choose. Should any issues arise during the process, your lawyer will guide you through them and provide you with representation as needed.
LegalMatch is an excellent resource for finding adoption lawyers in your area. It is free to take advantage of the lawyer matching services provided by LegalMatch.com, and only takes around 15 minutes to submit your question or concern on the website. In around 24 hours, you will get messages from adoption attorneys in your area who are ready to help you through the process.
