What’s the Difference Between an Adoption Lawyer and an Adoption Agency?

When starting the adoption process, a common question is whether to use an adoption lawyer or an adoption agency. Understanding the differences can help you make an informed decision about your path to bringing home a child.

It’s important to know that an adoption attorney and an adoption agency are different. This means that they both can be helpful to you throughout the process. Depending on what type of adoption you are pursuing or what you need help with, you might need these two resources at different times to assist with different parts of the process.

What is an adoption lawyer?

An adoption lawyer is a legal professional specializing in adoption law. Their primary focus is on the legal aspects of the adoption process, ensuring the protection of the adoptive parent’s rights. Adoption lawyers are well-versed in federal, international, and state laws related to adoption, which is crucial for navigating this complex process.

Key Responsibilities:

• Assisting with legal paperwork
• Conducting background checks
• Protecting your rights throughout the process
• Representing you in court

What is an adoption agency?

An adoption agency is an organization that helps individuals or couples who want to adopt a match with birth parents or children. These agencies are usually responsible for answering questions and guiding the prospective adoptive parents through the entire process. Those who are employed by adoption agencies are experienced and knowledgeable of the issues and roadblocks that may emerge throughout an adoption, which is why prospective adoptive families usually reach out to them for help, advice, and guidance on how to successfully find their baby and bring them home.

What are the differences between an adoption attorney and an adoption agency?

There are many differences between an adoption attorney and an adoption agency. Below, we will go over a few of the differences that you should know and be aware of before going through the adoption process.

• What an adoption agency and adoption attorney do is usually different: Adoption agencies and adoption attorneys usually do different things. For example, an adoption attorney may assist a person or couple with finding an adoption agency, preparing the adoption paperwork, conducting a background check, ensuring that they meet the contract requirements and that their rights are protected, handling any disputes that may develop, negotiating the terms of the adoption, going to all court appearances, and more. On the other hand, an adoption agency may help the person or couple match with a birth parent or child who is available for adoption, screen and interview them to ensure that they meet the requirements, look at and analyze their home to see if it is safe and functional for a child, and more.
• The types of restrictions you encounter may be different: When working with an adoption lawyer, you will likely experience fewer restrictions than when you work with an adoption agency. For example, an adoption agency may have specific requirements regarding age, sexual orientation, fertility, marital status, and religion that individuals or couples must meet before the adoption agency will help them or match them with a child. However, an adoption attorney usually does not have any of these requirements. Instead, their goal is to work with all hopeful adoptive parents as long as they seem like a good fit to adopt and take home a child needing a family.
• Adoption attorneys can help with private adoptions: Adoption attorneys are available to help with private adoptions, while adoption agencies typically do not assist with these types of adoptions. A private adoption is usually an independent adoption where the birth parent and prospective adoptive parent create a legal agreement without involving outside parties, such as an adoption agency. Private adoptions can also include an adoption where another family member, such as a grandparent or stepparent, is interested in adopting the child.
• Adoption agencies require a lot of preparation and education before adopting: Adoption agencies usually require prospective adoptive parents to take several classes, participate in workshops, go through counseling, and undergo a lot of preparation before they can adopt and bring a baby home. Adoption attorneys typically do not require their clients to take classes or do a lot of preparation before adopting. Instead, they may recommend doing certain things, but their overall goal is to ensure that the individual or couple wanting to adopt is suitable to be a parent or parents.
• An adoption lawyer may be able to save you time and money: If you have already connected with an expectant birth parent and need to finalize and make the adoption legal, you may be able to save time and money by using an adoption lawyer. As mentioned, adoption agencies require a lot of paperwork and educational classes to match you with a birth parent. However, if you and the birth parent already know one another and are in agreement about the adoption, you may be able to save a lot of time and money by making the adoption official with the help of an adoption lawyer.

Can you go through the adoption process without a Franklin adoption lawyer?

If you decide that you want to work with an adoption agency, it is important to know that you will likely still need to hire an adoption lawyer to help you ensure that your rights are protected, the terms of the adoption are fair and accurate, and that the adoption is properly finalized. Some adoption agencies have in-house attorneys, but it is crucial to ensure that your case receives the individualized care and attention it needs to prevent any mistakes, errors, or misunderstandings from occurring. An adoption lawyer can also happily assist you with finding the perfect adoption agency if need be.

If you are thinking about adopting or simply have questions about the adoption process, please do not hesitate to get in touch with a Franklin adoption attorney from the Law Offices of Adrian H. Altshuler & Associates at your earliest convenience. For over three decades, we have helped clients navigate the process of adoption, guardianship, and conservatorship, and we are more than happy to help you as well. All you have to do is call our office or submit our contact form to schedule a consultation in Franklin, Brentwood, or Columbia today. We look forward to learning about your situation and helping you pursue the type of adoption that you desire.