Jewish Child Care Association: Working with an Agency or Attorney (Domestic Adoption)

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Domestic Adoption
Working with an Agency or Attorney

One of the most important decisions you will make early on in the adoption process is choosing an attorney or agency to help you along the way. Since the attorney or agency will be directing your adoption process and helping you make decisions, it is imperative they have adoption expertise and that you feel comfortable with their representing your interests.

Independent adoption is the process by which the adoptive and birth parents find each other. This is often accomplished by the adoptive parents placing ads in newspapers throughout the US and birth parents calling 800-type numbers to reach adoptive parents. The first contact is parent-to-parent directed. Working through attorneys, birth and adoptive parents agree upon the plan for the adoption of the child. In independent adoption, your attorney is the one to guide you through the legal steps of the process, what is done when and by whom. The attorney is the one who files documents with courts, interstate agencies, etc.

In agency adoption the agency takes the role of providing opportunity for birth and adoptive parents to meet. Often accomplished by the adoptive parents writing a "birth parent" book consisting of pictures and a description of the home awaiting the child and this book, along with others, being presented to the birth parents. The agency helps the birth parents select a family and then arranges for conversations or meetings between birth and adoptive parents. It is rare these days for an agency to have a "closed adoption" where no contact between birth and adoptive parents takes place.

Identified adoption is a crossbreed between independent and agency adoption. In this situation, the adoptive and birth parents approach an agency and ask them to facilitate the adoption. This is often done in a state where independent adoption is not allowed by law.

CHOOSING AN ADOPTION AGENCY

Full service:
Locate birth parents or children and provide services to all parties including counseling, legal and medical supervision.

Partial service:
Act as conduit for information between birth and adoptive parents.
Provide specific services (i.e., counseling, supervision, legal, etc.).
Identified adoptions (adoptive parent locates birth parent or child and agency provides needed services).

General questions to ask

Where and when were they licensed to practice?
How long have they provided the type of service you are requesting?
Are they approved for adoptions in a foreign country? For how long?
How many different programs do they have (i.e. identified, independent or international)?
Have they done any adoption in "your home state"?
How many adoptions have they completed?
Do they have networking agreements with other agencies?
Is the staff professional (i.e. social workers, psychologists, attorneys, etc.)?
Are there adoptive parents on the staff? What is their role?
What is the availability of the staff?
Are you told of your status and the steps of the adoption process as they occur?
Does the agency represent you, the birth parents and/or the child?

What are the specific requirements of the agency?
Are there any age, marital, infertility diagnosis or size of family restrictions?
What are the requirements of the state in which the agency is licensed/located?
Who conducts homestudies (agency or licensed social worker in your home state)?
Are there any post placement services available through this agency?

What is the cost to adopt? These should be itemized & include a schedule of payments.
Are donations expected?
What fees are non-refundable and under what circumstances?
Is this a not-for-profit agency?
Do they provide any humanitarian services?

What medical and background information is shared with you about a potential situation?
Do they have pictures of children or birth parents?
How much time do you have to make a decision?
What if you change your mind?
What if the birth parents change their minds?
What is the agency policy on helping you with another situation?

Check agencies out with:

Department of Social Services
Better Business Bureau
Attorney General’s office I
mmigration and Naturalization Services office
Local and in the capital city of "Country’s" Embassy
Adoptive Parents Groups
American Bar Association (if an attorney on staff)
Past clients
Local professionals who may have worked with agency

CHOOSING AN ADOPTION ATTORNEY

Where and when were they licensed to practice?
How long have they provided the type of service you are requesting?
Have they done adoption in or into your home state? How many and when?
How many adoptions have they completed?
Are they members of the American Academy of Adoption Attorneys?
Do they have networking agreements with any adoption agencies?
Who are the other staff members in the office?
Are there any adoptive parents on the staff? What is their role?
What is the availability of the attorney and staff?
Who will your "office" contact be?
Does the attorney have judgments on adoptive parent” age, marital or religious status?
What is the legal fee, what does it cover and for how long?
Are fees refundable if you decide not to pursue adoption with this attorney?
Full service or partial service (pre-certification in New York, re-adoption, etc. only)?

Check attorneys out with:

New York or New Jersey State Bar Association
Ask your local Family or Surrogate Court Adoption Clerk
Ask other adoptive parents
Local adoption group: Adoptive Parents Committee
Agency or social worker who is doing your homestudy
American Academy of Adoption Attorneys

JCCA’s Ametz Adoption Program is a resource for families and single people of all ethnic and religious backgrounds, at all stages of the adoption process. Ametz homestudies, workshops, support groups, annual conference and professional training institute have been helping to build strong adoptive families in the New York Metropolitan Area for more than 20 years. Ametz offers additional programs for the Jewish Community. JCCA is an authorized adoption agency in New York and New Jersey.

Disclaimer: neither Ametz Adoption Program, Jewish Child Care Association (JCCA) nor any of their staff endorse or in any way recommend the materials or resources on this website. Readers are urged to check very carefully before entering a relationship with a contact made through this site.

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