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Legal Fee Basics
1. THE BARE MINIMUM:
Every
adoption involves the legal cost of
finalizing parental rights in the adoptive parents.
2. MORE LEGAL WORK
is required if existing
(or potential) parental rights must be terminated.
3. There is a dollar-for-dollar
tax CREDIT, not just a deduction,
for adoption expenses [including legal fees] up to over $12,000.
[NOT
available for stepparent adoption; see these instructions.]
[See
our Financial Help section too.]
4. If the lowest possible fee is your top priority,
you
may not be putting the child's best interests first.
5. To the minimize the risks of the adoption procedure,
we
take no legal steps until all amounts are paid.
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Legal Costs --- Components of Adoptions:
Note:
Families are the foundation of our society. This is why family (re)building is the focus of our law practice. Stronger
families are especially important for those at lower income levels. So we reduce our fees for those
with household incomes below 200% of the federal poverty level. The amount of the reduction depends on the number
of people living in the home and the gross household income. Call us for more information.
Having said
that, you should also know that we do not compromise on quality. Adoption must be done right. And to minimize the
risks associated with adoption, once the process is begun, it should be completed without delay, too. Unfortunately,
quality and speed cost more than slow, mediocre service. But as stated on our Home
Page, if the absolute lowest fee is all you really care about, just recognize that hiring the
lawyer who quotes the lowest fee runs the risk of getting less expertise than you need.
These general
descriptions will give you an idea of how much legal work will have to be done on your adoption:
1.
Every adoption involves finalizing the adoptive parent rights in the adoptive parents.
In many cases, this is all adoptive parents need an attorney to do. For agency adoptions (whether public or private), international
adoption finalizations, and adult adoptions, the cost of this separate proceeding will be necessary. (In most DFCS
adoptions, however, federal adoption assistance will reimburse all of these costs.) For more than one child, adopting
them all in the same proceeding will significantly reduce the total cost.
2. In Stepparent
Adoptions, the existing (or potential) parental rights of at least ONE person must be terminated. This
increases the necessary legal work beyond the finalization described above. A savings here however is that, unless the judge
orders otherwise, there will be no "home study" expense. It is usually waived. Mr. Bull has addressed stepparent issues
in a little more detail in this other
online forum. (And as discussed on our Match page, it is especially tempting to think
of stepparent adoption as a "commodity," but the laws --- and judges --- take termination of parental rights very, very
seriously, and they are not going to discount the seriousness of that process, no matter how wonderful the "step-family"
is. So the fees for a stepparent adoption may be higher than you are expecting them to be.)
3.
For Relative Adoptions, the existing (or potential) parental rights of at least
TWO people must be terminated --- twice as much additional work as for stepparent adoptions. But again, unless
the judge orders otherwise, there will be no "home study" expense. It is usually waived for relative adoptions also.
4. For Independent Adoptions ("unrelated" adoption, with no agency
involved), not only must the existing (or potential) parental rights of at least TWO people be terminated,
some form of home study must be done. This cost is payable directly to the provider of that service, not to
our office. Overall, independent adoption is quite a bargain. It involves the most complicated, and therefore most expensive,
legal proceedings, but there is no private adoption agency fee. Those can run from $12,000 to well over $20,000 (not counting
the legal cost of finalizing the adoption; though it usually includes the home study). So overall, independent adoption is
much less expensive than agency adoption.
5. Further complications can occur
with 2, 3, and 4 above. If an existing parent willingly signs the necessary paperwork for the adoption, that is one thing.
But when parents must be served with notice and terminated "against their will," that is more time-consuming, expensive, and
risky. If they oppose the adoption, they may be able to block it completely. But even if they are doomed to lose, dealing
with their opposition takes that much more time and effort. If notice of the adoption must be given by publication, that
takes additional time as well.
6. Interstate adoption. If
an "unrelated" adoption crosses state lines, another chunk of work must be done to satisfy the Interstate Compact on the Placement
of Children ("ICPC"). This bureaucratic procedure seeks to ensure that the adopted child is going to a good, safe home, and
that the adoption is not a disguised form of "baby selling." If you work with an agency, their fee will usually include handling
this step also.
7. Birth parent representation. Where we are just representing
birth parent(s) for termination of their rights, the fee and costs (though normally paid by the adoptive parents) would obviously
not include finalization by the adoptive parents. Also, if it is an interstate adoption, the
ICPC work will have to be done.
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Risk and Legal Fees
Many people worry that adoptions can "come apart"
after they are "completed." Sensational, tabloid-style stories --- about kids being returned to birth parents years
after being adopted --- keep some people from even considering adoption. But the only reason these rare, rare exceptions
make news at all is that their legal issues were not handled competently.
Which brings up this: Adoption is a
more serious legal proceeding than many realize. Transferring legal parenthood is not something that the law --- or judges
--- take lightly. A legal action has to be initiated in Superior Court (the highest trial level court in Georgia), and everyone
involved is exposed to serious risk if it is not taken to a legally valid completion.
This is the biggest reason
that the fees and costs should be paid before the process is started: to minimize the risk the participants face until the
decree is valid and final. Many families facing financial strains will want to take a "pay as you go" approach, but until
the adoption is finalized, the participants --- and the child --- are at serious risk. Installment payments can be
made before the process starts, but the only acceptable strategy with adoption is to finish it as soon as it is legally
feasible. So even if the fee is paid in installments, we don't begin the procedure until the cost of finishing it is paid.
On
the other hand, if an adoption fails to complete because participants change their minds, or the adoption "disrupts" for some
reason, the remaining, unearned legal fees are refunded.
In sum: Adoption is not a minor legal proceeding,
and you are not going to pay for it by skipping this month's car payment. That same old rule of thumb applies: "You
get what you pay for." State Bar Rules prohibit publication of actual fee quotes on a web site, in part because every
case truly is different. If you read a "published" fee here, but your case requires more work than that, you will be angry
for having to pay more than you expected. The above general descriptions are meant to give you an idea of how much legal
work will have to be done on your adoption.
Lawyers unfamiliar with adoption often do not require full payment
in advance. If you are tempted to hire a lawyer because the fee is not required in advance, you should understand the risk:
You may end up paying more than you expect before the job is done, and it could take longer to finalize if you "pay as you
go" (and until the adoption is actually finalized, it could fail, and the child's future would be uncertain).
A
reliable legal fee quote should be based on knowledgeable, probing, and detailed questions about your situation and your goals.
Beware of low fee quotes when few questions have been asked. Too many lawyers will quote a low fee --- especially
to a friend --- without really knowing what that particular adoption is going to involve. Other lawyers will quote a high
fee, hoping that you will choose another lawyer! (Or at least that it will be "worth their while" to learn out how to do
it.) In either case, you'll end up paying more than necessary (financially, legally, or emotionally; perhaps all three),
and you may never know how much easier it could have been.
We are deeply committed to adoption, both as a ministry
and as a profession, and we know what it takes to do it right. We keep our fees and expenses as low as we can, without cutting
risky corners.
As shown on our Adoption Overview page, there
are many different types of adoption, and each involves several people
with differing legal interests and needs. The legal fees and costs can vary greatly from case to case, and your situation
may call for a different approach than you think.
Don't forget that special needs
adoption is often free to adoptive parents. And many types of financial help are
also available for most types of adoption.
No matter what type of adoption you are considering, there are legal
issues right from the start. You need the big picture, and you need to be sure that each part of your adoption plan meshes
with the other parts. Pre-adoptive parents in Georgia will eventually have to file a court petition to finalize their adoption
anyway. For a small retainer, we can advise you on your adoption plan from the beginning, and then credit that retainer towards
your finalization. Most of our clients are adoptive parents finalizing their adoptions, but in many of these cases, we also
address the birth parents' rights. In relative and stepparent adoptions, for example, as well as for independent adoptions
occurring without an agency, we usually handle both steps.
We also assist birth parents, of course, but we do
not charge a fee to them.
There is no fee in connection with my Living Trust Consecration
Ceremony, either.
For personal attention to your specific situation, call and speak to Mr. Bull, or Sister
Mary Ann Lang, at 912-Adopt-Need (912-236-7863).
For a Fee Quote: Call 912-Adopt-Need
or E-Mail Us.
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Length of the Process
The
finalization process that is required at the end of any adoption usually takes ONE TO THREE MONTHS. The TOTAL
time required for your adoption will depend on whether you need to find a match, and on how
complicated it is to address the existing parental rights (which usually depends on the existing father's legal status and
his attitude toward the adoption). Also, when an adoption crosses state lines, things can slow down greatly and get a lot
more complex legally.
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Sending Your Legal Data to Us
Once you are ready to proceed on the legal
part of your adoption plan, you want things to move along as quickly as possible. If you want me to help with your plan,
we need to sign a contract (Georgia State Bar Rules require me to have written contracts with our clients). Obviously, we
need data from you to prepare the contract, but in addition, adoption involves large amounts of information, and numerous
forms. The spellings and numbers on all these forms must be fully and exactly correct. Naturally, you are the best source
of accuracy for all these things.
The Forms & Resource Guide page has the quickest,
most
accurate ways to get yo data to us,
AND,
we
will probably only need to meet once to get all the papers signed.
The more secure method
of submitting your data to us is the Downloadable Legal Steps Form. The Web-Based
Legal Steps Form on our Forms and Resources page may seem quicker or easier in some ways, but before
using it, you should know that this site is not "secured" like sites that accept credit card payments. (Of course,
the data involved here is probably available out there somewhere on the Internet about all of us! But it's
up to you.) If you aren't comfortable sending data through the Internet at all, you can always bring us a copy of
that Form's questions with your answers on a USB drive (or other removable media). Or you
could even just print out that Form's questions with your answers --- or write your answers
by hand on a printed-out copy --- and mail the printed results to us at:
Birney Bull
P. O. Box 9811
Savannah, Georgia 31412-0011
or fax it to
us at
912-ADOPT-11
(912-236-7811)
Of
course, you can always call our helpful Assistant, Sister Mary Ann Lang, 912-ADOPT-NEED (236-7863),
and give us the data, but as said above, all of the numbers and spellings have to be completely correct, and you are the best
source of accuracy for this data. Typing and double checking it yourself before sending
it directly to us is the best way to be sure that everything is correct. And getting your data digitally --- allowing
us to paste it directly into your data base --- is the quickest and most accurate way to prepare the papers you will need.
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One Final Note
WE
DO NOT HANDLE LITIGATION
OF CONTESTED CASES
If your case becomes contested
to the point of litigation, and you want to press it further, we will have to bring in another attorney either to handle the
litigation or to take over the entire case.
As it says on our Adoption
Overview page, our law practice is about family (re)building. By design, our office is not set up to handle litigation
of serious custody disputes. We have found that, one way or another, custody litigation almost always harms the children.
The issue should be the best interests of the child, but custody litigation is almost always about what the fighting adults
want, not what is best for the child. (In fact, all litigation is more damaging than most people realize. Too many little
spats become all-out legal wars on our fellow citizens, and our society suffers for it.)
Even worse, existing
parents may seem obviously unfit to you, but the law and the courts cannot be trusted to grant the adoption over their objections.
Ironically, the same immaturities and irrationalities that make some parents unfit can also send them into denial about both
their deficiencies and their children's best interests. Their lives may be giant train wrecks, but they will resent anyone
who steps up to adopt their children. Their attitude will be: "All I have left in the world is my child, and now you're
trying to take that from me too." Incredibly, even if they are caught lying under oath about current drug abuse, if
they don't have criminal convictions for drugs and/or child abuse, there are judges who will not grant the adoption.
As
much as some cases cry out to save children from unfit parents, again, custody litigation almost always hurts the children.
Besides that, "going to war" in one case puts our office on "hold" with other adoption cases where everyone agrees on the
adoption plan. For me, it doesn't make sense to hold up people who are working together to help children, in order
to litigate with one person bent on doing wrong, especially when the courts too often side with the wrong-doers.
If
you think your case could become a court battle, your best strategy is to enlist a friend or family member the parent respects
to persuade that parent to be more reasonable about considering adoption. You may need to report an unfit parent to the Department
of Family and Child Services (DFCS). (Of course, the parent will then resent you for blowing the whistle. It would
be better if an investigating police officer calls DFCS in.) If DFCS agrees with your concerns about the child's welfare,
family members or close friends are usually prime candidates when they place a child for adoption. You will have to take
their "parenting course," but they prefer family and friends who already have positive roles in the children's lives.
For Personal Attention: Call 912-Adopt-Need
or E-Mail Us.
We're always happy to help people adopt!
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LIST OF COPIES TO MAKE
TIPS:
1. Before you print this list out (highlight the list, then File:
Print: Selection),
PLEASE NOTE THAT:
If you use the Downloadable Legal Steps Form or the Web-Based Legal Steps Form,
these will BOTH provide you with this SAME list of documents, a place to write in details about our meeting, everything
you need together in one place. 2. These papers do not fax clearly; either give them to me when we meet,
or mail them to us at our P. O. Box. 3. You DO NOT need to make copies of
ANYONE'S Social Security card, nor any parent's birth certificate.You will also need to bring the originals
of these papers to the final hearing.
Domestic:
--- each adoptee: birth certificate, any guardianship documentation --- birth
parents: current marriage license / most recent child support order / legitimation decree(s) / DNA test results
/ death certificate(s) / divorce decree(s): most recent, and any divorce decree mentioning adoptee(s)
--- adoptive parents: current marriage license / most recent divorce decree / death certificate of last spouse
of unmarried adoptive parent
International:
--- each adoptee: the final foreign adoption or guardianship decree & verified English translation / translator's
qualification statement / translator's complete name, and current address / Visa granting the child entry to the United States
(may be just a stamp in child's passport) / child's original and any amended birth certificate & verified translation --- adoptive parents: the home study completed for US Citizenship and Immigration Services
/ current marriage license / divorce decree / death certificate of last spouse of unmarried adoptive parent < < < Home > > > < < < Match
> > > < < < Emotions > > > < < < Legal > > > < < < Resources
> > >
DIRECTIONS TO OUR OFFICE
&
THE CHATHAM COUNTY COURTHOUSE
Our office is located at 420 West Broughton Street.
It has a blue awning, near MLK Blvd., across the intersection from the Firestone garage, and across Broughton from the Child
Support Enforcement office in the Chatham County Courthouse garage. Beyond the Courthouse garage is the Courthouse itself,
where final hearings on adoptions are for Chatham County residents. (Both buildings look like big blocks of granite.)
I-16
merges into Montgomery Street in downtown Savannah. The 3rd traffic light is Broughton Street, our office is to the left,
almost at the end of the block, on the right. But you'll have a better chance of finding a place on Broughton Street (for
the 2 hours of free parking available there) in the block on the other side of Montgomery.
Lately,
streets in downtown Savannah seem frequently to be torn up with construction projects. This makes getting around near our
office and the Courthouse even worse.
Allow about 15 minutes for parking --- it can be an ordeal. As noted,
it is free for 2 hours on Broughton Street, but parking is tight everywhere in downtown Savannah. There is usually
space available in the County Courthouse garage across the street (floors 4, 5, and 6 only; enter on Montgomery just before
Broughton Street). The garage is $1.00 for the 1st hour, and $0.50 per hour after that ($6.00 for all day). Street parking
at a meter or "Pay to Park" machine will cost $1.00 for 80 minutes ($0.25 for each 20 minutes, with 2 hour total limit).
They can't time your stay on Broughton Street very well. But with meters (or "Pay to Park" machines), I've seen a Meter Maid
sit and wait for the last minute expire to put the ticket under the windshield wiper.
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Site
Search: (Sorry! This only finds the top of the page --- you have
to use Ctrl+F from there; click
on "AdoptNeed Search" to see my picture!)
The information on this site is general information only, not formal legal advice.
Neither this site, nor
submission of information through this site, forms a lawyer/client relationship.
All contents © Copyright Birney Bull,
2003 -- 2009
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