Did you know that most interstate domestic adoptions include a choice of law analysis by an adoption attorney or attorneys to determine which state’s law to apply to the adoption proceeding? An interstate domestic adoption means that a family is adopting a child from a state they don’t live in, something very common in domestic adoption. Yet each state in the United States has different laws that apply to adoption, and that law can be dramatically different as it relates to any of these topics: when an expectant mother can sign consents, when those consents are irrevocable, how birth father’s notification and rights are handled, what living expenses are allowed to be paid on behalf of an expectant parent, whether a post adoption contact agreement is enforceable, what rights an adoptee will have to their adoption records, what the process and timeline is for the termination of rights and the filing of the adoption petition, among so many other things… In an interstate domestic adoption, typically there are two states that could be part of the choice of law analysis, the state where the baby is born (and often where the adoption agency is licensed), or the state where the adoptive parents chosen for the child reside. As we discuss often, adoption is a legal process, and therefore, you always should have a competent and experienced adoption attorney assisting you with this legal process, even if you end up adopting through an adoption agency. Many times, the agency has counsel to represent the agency in the adoption, but as adoptive parents you’ll usually still need counsel to finalize the adoption, either in your home state, or in the state where you’re adopting from (if it is allowed for an out of state resident to finalize there). Frankly, it sometimes helps to have separate counsel just to look out for your interests in an adoption, if those interests could be different from the adoption professionals.
At Purl, we guide families through all aspects of the adoption process. We help them determine what adoption professionals to sign up with for their adoption based on their adoption preferences, geographical location, budget and family makeup, and we help them understand when they will need to hire separate counsel to represent them in their adoption. When they do need counsel, we ensure they are hiring experienced counsel well versed in the respective adoption law. Katie Zimmerman, Purl’s founder/CEO, is an attorney licensed in Arizona and California, and while she was not an adoption attorney before she started Purl, she had practiced law for over a decade, and had regularly done choice of law analyses in her law practice. Since forming Purl, there have been many occasions where she’s suggested a choice of law analysis be done by a Purl family’s adoption attorney to ensure that the best law is being applied in the adoption, to provide the best care and services for all involved in the adoption process. If you’re a Purl family, rest assured that we’ll tell you when you might need to hire separate counsel in your state, or counsel in the state where you’re finalizing. We will ensure that when you present to an adoption opportunity you’ll understand what law will likely apply to the adoption, and what parties will need to be involved. We’ll help you understand generally the many differences in law between states and get you connected attorneys in each of those states for more detail. For example, in states like Texas and Florida, if you match through an adoption professional in those states you’ll likely finalize there, even if you don’t live there. But in other states, like Arizona, if you don’t live there, you won’t be able to finalize there, so you’ll have to engage counsel in your state to finalize your adoption. So it can definitely be complicated if you’re potentially working with or signed up with adoption professionals in many states.
If you’re not a Purl Family, we want to caution you that your adoption consultant or small local adoption agency may not be assisting you with this analysis or even be aware that this is a possibility. So we always recommend consulting with an experienced adoption attorney in your state, to have them available to help you assess a particular adoption opportunity, even if you do not end up ultimately using them for matching or to finalize your adoption. To identify an experienced adoption attorney in your state, we recommend you start with adoption fellows that are a part of the Academy of Adoption and Assisted Reproduction Attorneys. You can search for attorneys on their website.
But better yet, complete this form to complete a free consult with Purl to see if you’re a good fit for the Purl Family. We will then help you identify the best adoption professionals for your journey, and help you get better preparation, education and strategy for a smoother adoption journey and a better adoption experience for the whole triad!
Did you know that most interstate domestic adoptions include a choice of law analysis by an adoption attorney or attorneys to determine which state’s law to apply to the adoption proceeding? An interstate domestic adoption means that a family is adopting a child from a state they don’t live in, something very common in domestic adoption. Yet each state in the United States has different laws that apply to adoption, and that law can be dramatically different as it relates to any of these topics: when an expectant mother can sign consents, when those consents are irrevocable, how birth father’s notification and rights are handled, what living expenses are allowed to be paid on behalf of an expectant parent, whether a post adoption contact agreement is enforceable, what rights an adoptee will have to their adoption records, what the process and timeline is for the termination of rights and the filing of the adoption petition, among so many other things… In an interstate domestic adoption, typically there are two states that could be part of the choice of law analysis, the state where the baby is born (and often where the adoption agency is licensed), or the state where the adoptive parents chosen for the child reside. As we discuss often, adoption is a legal process, and therefore, you always should have a competent and experienced adoption attorney assisting you with this legal process, even if you end up adopting through an adoption agency. Many times, the agency has counsel to represent the agency in the adoption, but as adoptive parents you’ll usually still need counsel to finalize the adoption, either in your home state, or in the state where you’re adopting from (if it is allowed for an out of state resident to finalize there). Frankly, it sometimes helps to have separate counsel just to look out for your interests in an adoption, if those interests could be different from the adoption professionals.
At Purl, we guide families through all aspects of the adoption process. We help them determine what adoption professionals to sign up with for their adoption based on their adoption preferences, geographical location, budget and family makeup, and we help them understand when they will need to hire separate counsel to represent them in their adoption. When they do need counsel, we ensure they are hiring experienced counsel well versed in the respective adoption law. Katie Zimmerman, Purl’s founder/CEO, is an attorney licensed in Arizona and California, and while she was not an adoption attorney before she started Purl, she had practiced law for over a decade, and had regularly done choice of law analyses in her law practice. Since forming Purl, there have been many occasions where she’s suggested a choice of law analysis be done by a Purl family’s adoption attorney to ensure that the best law is being applied in the adoption, to provide the best care and services for all involved in the adoption process. If you’re a Purl family, rest assured that we’ll tell you when you might need to hire separate counsel in your state, or counsel in the state where you’re finalizing. We will ensure that when you present to an adoption opportunity you’ll understand what law will likely apply to the adoption, and what parties will need to be involved. We’ll help you understand generally the many differences in law between states and get you connected attorneys in each of those states for more detail. For example, in states like Texas and Florida, if you match through an adoption professional in those states you’ll likely finalize there, even if you don’t live there. But in other states, like Arizona, if you don’t live there, you won’t be able to finalize there, so you’ll have to engage counsel in your state to finalize your adoption. So it can definitely be complicated if you’re potentially working with or signed up with adoption professionals in many states.
If you’re not a Purl Family, we want to caution you that your adoption consultant or small local adoption agency may not be assisting you with this analysis or even be aware that this is a possibility. So we always recommend consulting with an experienced adoption attorney in your state, to have them available to help you assess a particular adoption opportunity, even if you do not end up ultimately using them for matching or to finalize your adoption. To identify an experienced adoption attorney in your state, we recommend you start with adoption fellows that are a part of the Academy of Adoption and Assisted Reproduction Attorneys. You can search for attorneys on their website.
But better yet, complete this form to complete a free consult with Purl to see if you’re a good fit for the Purl Family. We will then help you identify the best adoption professionals for your journey, and help you get better preparation, education and strategy for a smoother adoption journey and a better adoption experience for the whole triad!
