Adoption Interview Questions to Discuss with a Lawyer

Whether you’re looking at international or foreign adoptions or considering domestic options, the adoption processes involve various steps and legalities. Here’s a guide to help you anticipate the types of questions an adoption lawyer might ask you.

Where Do You and the Child Live?

Location matters in adoption, especially when crossing state or country borders. Whether it’s interstate or foreign adoption processes, legal requirements can differ. Clarifying the residences of the adoptive parents and the child can help determine the specific applicable regulations.

International Adoption

Foreign or international adoptions have gained popularity over the years, but they come with a unique set of challenges. If you’re considering adopting a child from another country, your lawyer will want to know details about the country and any interactions you’ve had with its adoption agencies.

Interstate Adoption

If the child you’re adopting lives in a different state, there are particular adoption processes that you must follow.

Interstate adoption is adopting a child who lives in a different state from the adoptive parents. It requires following the laws of both the state where the child lives (the sending state) and the state where the adoptive parents live (the receiving state), as well as the procedures of the Interstate Compact on the Placement of Children (ICPC), which is an agreement among all states and territories to ensure the safety and stability of interstate placements.

The adoptive parents must complete a home study and pre-service training in their state of residence and obtain approval from their agency. The child’s agency must request a home study from the adoptive parents and create a packet that includes information about the child’s needs and the adoption plan.

The packet also contains a form indicating the parties’ consent in the placement. The child’s agency must send the packet to the ICPC compact administrator in the sending state, who must review it and forward it to the compact administrator in the receiving state.

The receiving state’s compact administrator must review the packet and forward it to the adoptive parents’ agency, which must conduct a home study and recommend the placement’s suitability. If the placement is approved, the receiving state’s compact administrator must send a notice of approval to the sending state’s compact administrator, who must notify the child’s agency.

The child’s agency must arrange for the adoptive parents to travel to the sending state and meet the child. The child is then discharged from the hospital or foster care into the custody of the adoptive parents. The adoptive parents must return to their state of residence with the child and file a petition for adoption in their local court. They must also report to their agency and the ICPC compact administrator about the progress of the adoption. A judge finalizes the adoption, and the adoptive parents receive a new birth certificate for the child.

Have You Completed a Home Study?

Before an adoption is finalized, prospective parents often have to undergo a home study. This assessment evaluates your living conditions and might require a criminal background check to ensure the child’s safety and well-being.

The home study involves several stages:

• Orientation and Training: Some agencies provide an initial orientation or training sessions for prospective adoptive parents. This gives them an overview of the adoption process and what to expect during the home study.
• Documentation: Parents will be asked to provide various documents, including birth certificates, marriage licenses (if applicable), financial records, and medical reports. This helps to paint a comprehensive picture of the stability and readiness of the adoptive family.
• Interviews: A social worker or home study evaluator will conduct in-depth interviews with the prospective parents and possibly other household members. These interviews delve into personal histories, parenting philosophies, relationship dynamics, and adoption reasons. It’s an opportunity for the evaluator to understand the family better and for the family to ask questions.
• Home Inspection: A crucial part of the home study involves the evaluator visiting the home to ensure a safe environment for a child. They’ll check for potential hazards and assess the overall living conditions. They might also discuss plans for accommodating the child, such as bedroom arrangements.
• Criminal Background Check: To guarantee the child’s safety, all adult members of the household will typically undergo a criminal background check. This ensures that there’s no history of abuse, neglect, or other criminal activities that might put the child at risk.
• References: Prospective parents will be asked to provide references, often from non-relatives. These individuals can vouch for the adoptive parents’ character, stability, and preparedness.
• Post-Visit Review: After the home visit, the evaluator will review their findings and make a recommendation about the adoption. Feedback will be provided, and there might be suggestions or requirements for things to change or improve before the adoption can proceed.
• Follow-up Visits: Even after the adoption is finalized, there may be post-placement visits to ensure the child’s smooth transition into the new home and provide any necessary family support.

Though rigorous and sometimes emotional, the home study process is essential to ensuring the child’s best interests. It’s a chance for prospective parents to reflect on their readiness for adoption and to make any necessary changes to welcome their new family member wholeheartedly.

Is an Adopting Parent a Stepparent or Relative?

Types of adoptions vary. If you’re a stepparent or a relative of the child you wish to adopt, the process might differ from non-relative adoptions. It’s essential to clarify this early on to understand the legal procedures that will apply.

Has Paternity Been Established?

If the child’s biological father is known and has legal rights, the adoption process may require additional steps. This might include obtaining consent or possibly terminating parental rights.

In situations where the biological father either cannot be located, is deemed unfit, or refuses to give consent, the courts might intervene to terminate his parental rights. This step is not taken lightly, as it severs all legal ties between the father and the child.

Grounds for termination might include evidence of abuse, neglect, abandonment, or long-term failure to support or communicate with the child. Once parental rights are terminated, the father no longer has any legal obligations or rights concerning the child, clearing the way for the adoption process.

Do You Want an Open or Closed Adoption?

Open and closed are two primary types of adoptions. In an open adoption, birth parents may have some form of contact or receive updates about the child. In a closed adoption, there’s no contact after the adoption is finalized. Your preference will have implications for the adoption agreement.

Is This a Private or Agency Adoption?

Are you working with an adoption agency, or is this a private arrangement between the birth parents and you? The legal steps can differ based on this distinction, so your attorney must be aware.

Finding the Right Adoption Attorney

The adoption process can be both exciting and challenging. It’s crucial to have the right legal guidance.

If you’re searching for legal advice and representation, LegalMatch can help. You can easily find and connect with experienced adoption lawyers in your area using our platform. Start your journey to building your family with confidence and support.