What is an Adoption Agreement Review?
An adoption agreement is a legal contract that defines the relationship between birth parents and adoptive parents. It explains important terms related to the process of adoption, such as post-adoption contact between birth parents and the child.
Besides stating adoption terms and conditions, an adoption agreement also clarifies information such as who the parties involved are and when the adoption is going to take place so that the process is free of confusion.
Read the rest of this article to explore adoption agreements in greater detail, how to review them, and when you should consult with a professional lawyer for assistance.
What is Included in an Adoption Agreement?
There are pre- and post-adoption agreements. Here’s a rundown of what they each contain.
Pre-Adoption Agreement
A pre-adoption agreement lays down all the terms before the child is born, such as how the adoption process will be conducted. It also clarifies all party’s rights and duties, such as:
- Financial obligations
- Child welfare issues
- Custody arrangements
It’s common for this agreement to include terms for surrogates, such as medical care provisions, cost reimbursement, and compensation.
The adoptive parents will also have to fulfil certain duties under the agreement, such as providing financial support to the surrogate, and what legal rights they have when the child is born.
Post-Adoption Agreement
By comparison, a post-adoption agreement usually details information about the process of biological parents giving up their parental rights and having a relationship with the adopted child, as is the case with open adoptions.
The agreement needs to outline visitation and other contact allowed between the biological parents and the adopted child, such as phoning each other or writing each other letters.
In some cases, there are restrictions regarding contact, which should be included in the agreement.
What are Tips for Reviewing an Adoption Agreement?
It’s important to take time to read through the adoption agreement so that everything is clear and specific, and so that you agree with all the terms and conditions included. Here are some things to consider when reviewing the adoption agreement.
Consider Your Needs
Whether you’re the adoptive parent or birth parent, you should think about what level of comfort you and your family want before entering into this agreement. This will help you to see what you’re happy to include in the agreement, such as monthly phone calls between the birth parent and child, compared to what you’d like to change.
Communicate and Compromise
It’s a good idea to try to communicate with the other party to find a middle ground so that the contract can honor both of your requirements. For example, perhaps the birth parent wants more regular visits with the child or as the adoptive parent you want to limit how much they can phone. Whatever the case, open and empathetic discussions can help you locate favorable terms for both of you.
Think Long Term
Understand that as the child grows, their requirements and yours might change. Make sure that the agreement makes provision for negotiations at a later stage so you can review the agreement again when necessary.
Clarify the Dispute-Resolution Clause
When reviewing the agreement, you should check that there’s a dispute-resolution clause. This will serve to protect both parties should there be conflict. It’s common to try to resolve disputes out of court, with many agreements making provision for mediation before the court gets involved.
Get it Approved by the Court
When you and the other party have agreed to all the terms in the contract, you’ll have to get it approved by the court. They will approve the contract if it’s in the best interests of the child. When the agreement gets approved, the adoption can be finalized.
Many, but not all, states in the US view adoption agreements as legally enforceable. If any of the information in them has to change, courts can usually agree to adjust them, provided they are in the child’s best interest.
Get a Legal Review of Adoption Agreements
An essential step in the adoption process is to get a lawyer to look over your adoption agreements. This is because these agreements are legally binding and can have serious effects on all parties involved, such as regarding rights and responsibilities.
Here are some important reasons why you should hire a lawyer for a legal review of adoption agreements:
- A lawyer will clarify all provisions, such as regarding financial duties and contact arrangements, so that everything is clear for all parties involved.
- They’ll prevent you from accepting contract terms that will be challenging to adjust in the future.
- They’ll ensure that the adoption agreement matches all national and state laws.
- They’ll flag any vague clauses in the agreement, and suggest revisions that prevent issues or misunderstandings in the future.
- They’ll represent you if there is a dispute which requires negotiation or mediation.
- They’ll protect you against various risks, such as financial obligations.
- They’ll negotiate with the other party on your behalf if you want to advocate for more favorable terms.
- They’ll ensure that all terms in the adoption agreements will be in the best interests of the child.
Where Can You Request a Legal Review of Adoption Agreements?
If you’re reviewing an adoption agreement and have concerns, you should hire a lawyer to review it for peace of mind. Instead of having to find a lawyer, online legal marketplaces make this a simple, straightforward process.
On ContractsCounsel, one of the biggest online legal marketplaces where clients connect with qualified lawyers, you can post a request for a legal review of your adoption agreement and a professional lawyer will be ready to assist you.
To start the contract review process, follow these steps:
- Go to the ContractsCounsel marketplace page.
- Select “One-time project” and “Review contract.”
- Post your project on the platform (it’s free).
- You should specify some details about what you require so lawyers know how to help you.
- Once you’ve posted your project, you’ll receive multiple bids from lawyers on the platform.
- You can review the lawyers’ profiles based on criteria such as their location, credentials, years of experience, and client ratings for previous projects completed on the platform.
- Once you’ve gone through the data, you should choose a lawyer to work with.
- If required, you can arrange a call through the platform and make secure payments when hiring a lawyer.
