After termination is complete the adoption process begins. Adoption requires certification, filing multiple documents with the court and at least one court appearance.
Certification to adopt can take about six months to complete. This should be completed prior to starting the adoption process; however, it is not always an option and may require temporary custody.
Multiple private agencies offer certification and home studies. If you are a foster family the certification will be completed by the Department of Child Safety (DCS).
The court paperwork and hearing are all part of the same proceeding. The paperwork is detailed and requires specific affidavits, searches, statements, and agreements.
During the final stage of the adoption the Court will hold a hearing. Unlike many court hearings that are stressful this adoption hearing is a joyful experience finalizing the adoption.
Often family members attend and take pictures. This is also when the Court issues an order changing the child’s name.
Adopting a foster child is a rewarding challenge. Lewis Labadie helps foster parent and kinship relatives navigate through this stressful time. Our firm advises on the legal process and most importantly, your legal rights. We work together with the Department of Child Safety to finalize the adoption.
We can assist with adoptions that include the Interstate Compact of Placement of Children (ICPC) – placement of a child from one state to another. Our firm is skilled in adoptions involving the Indian Child Welfare Act (ICWA) and help with other areas of tribal law.
Our special program for Foster Parents and Kinship Relative allows us to offer FREE initial consultations on any area of practice we handle. We know it is hard to be a foster parent and want to provide you with every opportunity for success.
There are times when a second parent must adopt to obtain legal rights of their own child.
Termination of parental rights is done voluntarily or by the court’s order. Termination of parental rights is also the first step in the adoption process.
Voluntary termination is a consensual private adoption. Both the biological and non-biological parents agree to the terms, such as an open or closed adoption.
Involuntary Termination normally takes place when one or both parents are deemed unfit or have abandoned the child. The court can terminate parental rights without consent of the biological parents.
Lewis Labadie is a welcoming place for the LGBTQ+ community. Love is love. We fight hard for your rights, including assisting with same-sex, second parent, and Assisted Reproduction Technology (ART) adoptions.
Thankfully, the Supreme Court landmark case of Obergefell v. Hodges provides for equality, but it does not solve the established history. The Arizona state laws are outdated and create challenges.
We ensure that your legal paperwork reflect how you want to be identified. This includes during the legal process and on future documents, such as a child’s birth certificate.
Private adoptions are diverse. Thus, the requirements change on a case-by-case basis. It is important to understand your rights and the process. There are two main categories: contested or uncontested.
Uncontested adoptions are relatively easy. The reason for them being easier is that the formal Termination of Parental Rights is usually not required. This can save time, money, and energy. The parent or guardian executes a consent form to be filed with the adoption court. The consent is irrevocable, except if there is fraud or duress.
With the consent, the adoption court will set a hearing for the adoption celebration. Uncontested adoptions are common for stepparent or agency adoptions. An agency adoption usually matches birth parents with adoptive parent(s) and provides education for everyone.
Contested or complex adoptions usually require Termination of Parental Rights. This is because one or both parents do not agree with the adoption or other complicating factors exist.
Complex proceedings are needed for interstate, international adoptions, intercountry adoptions controlled by the Hague Adoption Convention, and Assisted Reproduction Technology (ART). If your adoption falls into one of these complex categories, we can help you determine the best route.
An open adoption can be a beneficial to all who are involved. Depending on circumstances, the parties may elect to execute a Post Adoption Contact Agreement. This “PACA” is a contract between the adopting parent and consenting parent. PACAs vary in terms.
A limited PACA may only include an agreement that the child will be provided with the parent’s name upon turning 18 or a photograph once a year. Some PACAs are extensive, including visitation times, restrictions, holidays, social media access, and many other terms.
If you are looking for a Family Law attorney contact Lewis Legal! Dan and Brittney are knowledgeable, honest, fair, and have reasonable rates. I’m happy to say I now have a solid legal team to help me whenever I’m in need! Thank you, Dan and Brittney!!
Best Legal Team Ever!!! As a Dad in a custody battle, the odds are not in your favor right from the start. BUT Dan and Brit did an amazing job making my case and getting everything I wanted and more. THANKS AGAIN
I’ve used them twice. Both times regarding custody issues and during both times I was nothing but impressed. They were fast, professional and very communicative and I highly recommend them to anyone
Great experience! Fast and efficient. Communication was awesome, and they truly work for your cause. Job well done!
