24 Hour Toll Free Birth Mother Line: 1-800-795-2367
What kinds of adoption do you specialize in handling? How long will it take us to adopt? How much will it cost us to adopt? Are any of our adoption expenses tax deductible? How can we control the outlay of money in our adoption? How will we know if our birth mother is legitimate? How and what do you charge for your legal services? Should we work with a facilitator or other unlicensed intermediary? Will we be able to reach you when we need you? Which adoption attorney should I hire? We don't live in California. Can we still use your services?
What kinds of adoption do you specialize in handling? Our office represents clients most often in private placement Independent Adoptions (that is where the birth parents choose the adoptive parents and place the baby directly with the adoptive parents usually at the time of the baby's discharge from the hospital). We also represent clients who are adopting through licensed adoption agencies. We handle collaborative placements which combine the best features of Independent and Agency adoptions often without the drawbacks of traditional Agency adoptions. We represent birth mothers and adoptive couples throughout the United States.
How long will it take us to adopt? While nobody can guarantee how quickly you will match with a birth mother who meets your needs and whose needs you meet as well, it has been our experience that our clients match promptly. The average client is able to match with a birth mother and have a baby in their home through our efforts in most instances within a year and a half of commencing the process. We do not have a waiting list in our office. In fact, because the birth parents choose the adoptive couple it really does not matter to the birth mother how long clients have been waiting to adopt--the birth mother may choose a client who just retained the firm or one who has been waiting a while--the choice and the reasons for that choice are the birth mother's alone. However, unlike other law firms which stockpile dozens of clients, we work with a smaller amount of adoptive parents at any given time and our clients receive more individualized and personal attention to their needs.
How much will it cost us to adopt? The total cost of each adoption depends on the facts of each individual case. If the birth mother is living with her parents and covered under the family medical insurance policy, the adoption costs may be quite low. On the other hand, if she is living on her own and has no medical insurance or state health coverage (like Medi-Cal or Medicaid), then the expenses may be higher. She may or may not be employed and that too could impact on what adoptive parents might be asked to provide in terms of financial assistance. The range of total adoption costs in this office which includes legal and court fees, home study fees and birth mother living and medical expenses is between $10,000 and $22,000. Before you match with any prospective birth parent we will happily project the estimated total cost of the adoption for your prior approval and discuss means of keeping the adoption costs within your budget.
Are any of our adoption expenses tax deductible? In May 2001 the tax laws pertaining to the deductibility of adoption expenses were changed greatly much to the delight of adoption attorneys and their clients across the United States. The new law, which applies to adoptions which become "final" after December 31, 2001, provides for a $10,000.00 tax credit for "allowed" adoption expenses (doubling the previous credit of $5,000.00) in cases of independent and agency adoptions. It also raises from $75,000.00 to $150,000.00 the "adjusted gross income" base which must be met before phase out of the right to enjoy the full tax credit begins. The tax credit is still not available in stepparent and relative adoptions. The law also continues to apply to unsuccessful/failed adoptions. Among the other provisions of the revised law Congress eliminated the sunset provision on the old tax credit which would have caused the tax credit to expire in December 2001 and indexed the credit for inflation. The new law also increases the amount of money which employer may provide to employees tax free to help subsidize adoption efforts. To determine how much of your adoption expenses will be allowed as a tax credit on your federal income tax return please contact your tax preparer or accountant as the new adoption tax credit law will make a major financial impact for the better on the vast majority of adoptive families.
How can we control the outlay of money in our adoption? In January 2006, through the auspices of Adoption Assurance, adoptive families were, after years of the absence of adoption insurance on the market, able to consider purchasing adoption insurance IF they were working with a very select group of adoption attorneys. Those attorneys whose clients could qualify for adoption insurance, were members of the Academy of California Adoption Lawyers and the American Academy of Adoption Attorneys. As the Immediate Past President of the Academy of California Adoption Lawyers and a Member of the American Academy of Adoption Attorneys, clients of our offices may avail themselves of adoption insurance by contacting the insurance agency at www.adoptionassurance.com. While many lawyers and agencies have the adoptive parents give money as needed directly to the birth mother on her demand, our office feels that doing so is just begging for trouble. There are laws in California and in all states where adoption is permitted which define what may and may not be paid to a birth mother. There may be instances which arise (usually they come up just before the mother's due date) where the adoptive couple may feel as though they have no choice but to pay for birth mother expenses which are legally questionable especially if the birth mother has grown accustomed to being paid upon her demand directly by the adoptive parents. By utilizing our services in disbursing funds to the birth mother through our client trust account, we can make the "hard calls" and keep our clients and the birth parents within the confines of the law without damaging their relationship. If the birth mother seeks an improper payment, we will professionally and courteously explain the reason why that sum cannot be paid. She may not like our response but it is likely that she will not blame you for it. As all money paid in the adoption process must be accounted for in writing to the Court before finalization, care must be taken about what bills are paid and to whom. We are here to assist you with regard to all financial transactions in the adoption process and to assure compliance with all applicable laws.
How will we know if our birth mother is legitimate? As an attorney experienced in adoption practice I will guide you in evaluating the quality of any prospective birth mother. Obviously we will want proof that she is pregnant and independent confirmation of other vital statistics about her. We strive to verify all background information provided by the birth parents. All birth mothers who work with clients of this office must be tested for HIV/AIDS, sexually transmitted diseases, Hepatitis B, Hepatitis C, herpes, drugs, and alcohol. Test results and medical records are always provided to our clients. Our experience in handling adoptions aids us in spotting and pointing out any "warning flags" which arise as we screen potential birth mothers. If the birth mother does not live in California we will recommend that she be interviewed by counsel where she lives so that local counsel may give us independent impressions of the birth mother. Other areas of importance in the evaluation of birth parents will be discussed during our initial consultation. While nobody can guarantee that a birth mother will follow through with her adoption plan, we can help improve your odds of matching with a birth mother who will keep her commitment to the adoption plan.
How and what do you charge for your legal services? My firm charges flat fees and in some instances "not to exceed" fees for professional services in connection with your adoption. We do not charge hourly as it has been our experience that when clients are charged hourly for adoption services the bills can go through the roof! We do not charge one time special "charges" such as postage fee deposits, long distance telephone fee deposits and advertising pool charges. We do not make clients pay us an extra fee if we locate the birth mother for them. We charge hourly for our initial consultation appointment only. Unlike many adoption attorneys who charge a flat fee for initial consultations which can vary from $750 to $1,500 regardless of the time spent in consultation, we charge a very reasonable and discounted hourly rate for initial consultations which typically last between one hour and three hours. Consultations are spent with me alone - you are not shunted off to others in my office to consult with about various subjects after meeting with me. You do not have to complete an application before meeting with me. You do not have to deposit funds with my office that are nonrefundable before the initial consultation. Payment for the initial consultation is due at the conclusion of the consultation appointment.
The stories which make the news and talk shows always seem to focus on birth fathers. Our office is concerned, as are our clients, about the rights of birth fathers. We want to create lasting and proper adoptions. We can only do that by affording birth fathers their rights and when appropriate lawfully terminating those rights. We seek at the earliest stage possible to determine the attitude and legal standing of the birth father. We prefer to obtain his cooperation and consent and to have him provide us with as much information as he can about himself and his family. If he does not wish to be involved and is not married to the birth mother we present him with ways in which he may end his involvement even before the baby is born. But we do not hide the facts about the birth father or pretend that we do not know where he is. We do not want to work with birth mothers who pretend that they don't remember who the birth father is so that they can avoid dealing with him. We encourage birth mothers to be honest about the birth father and to assist us so that we may properly terminate his rights or obtain his consent to the adoption plan.
Should we work with a facilitator or other unlicensed intermediary to help us locate a baby to adopt? There are a number of facilitators in the adoption field who advertise/claim that they have done thousands of placements in record time, that they can assist anyone in locating a child to adopt, and that they have a 100% success rate. This is similar to those advertised magic potions which claim to grow hair or the magic pills which promise to help you lose weight overnight. These promises sound good, but are they true? Or are they too good to be true? Like other claims that we wish to be true, these claims often made by facilitators and other unlicensed intermediaries deserve investigation. Facilitators are not licensed in any state in the United States. California is one of the few states which has any regulations pertaining to facilitators at all, and there the only requirement in California requires facilitators to post a minimum bond. There are no educational requirements and no minimal standards for these intermediaries and facilitators to meet. Facilitators are not monitored and are not accountable to any licensing entity and their activities are illegal in many states!
2. No educational requirements: Facilitators often act as intermediaries between the birth mother/father and the adoptive family, stating that they collect background information, screen adoption leads and set up the processing. Since there are no standards as to what a facilitator should know to do the work they purport to do competently, (in fact many have received their experience only because they once adopted a child themselves), they are unable to recognize the complicated issues of law which may present themselves in most if not all adoption plans. For example there are presumptions in law pertaining to birth fathers, birth parent issues, American Indian issues, fee issues, federal and individual unique state adoption laws, birth mother expense issues, relinquishment and surrender issues which differ state to state. Facilitators cannot address these issues which may impact on your adoption plan from the outset with you and those who do so are violating the law by practicing law without a license.
Will we be able to reach you when we need you? I am available my clients twenty-four hours a day, seven days a week and every day of the year. All of my clients are provided with my personal pager number and home telephone number. Clients can also reach me by electronic mail and through my office voice mail system after hours. When you need to speak with me, I am there for you. Your telephone calls will be promptly returned. Your written correspondence and e-mail will likewise be promptly and completely answered.
Which adoption attorney should I hire? When you evaluate which attorney to hire you may wish to consider whether the attorney has experience in adoption, whether the attorney is also an adoptive parent and whether being an adoptive parent may provide the attorney with extra insight into your concerns and desires. Is the attorney a member of recognized organizations of adoption attorneys such as the American Academy of Adoption Attorneys, the Academy of California Adoption Lawyers and the Academy of California Family Formation Lawyers (membership requirements of which are quite strict and the practice standards required for membership are higher than the typical State Bar requirements for attorney conduct)? If the attorney you are considering is not a member of these academies, you should beware. Either the attorney does not meet the ethical standards for admission or the attorney may lack the experience to qualify for admission. Finally be wary of the attorney who is not accessible to you--who loads the front office with people who run interference for him or her. In our office, I personally handle all adoption matters. My clients do not hire my staff to do their work--they hire me. We don't forget that--don't let the attorney you hire forget it either!
We don't live in California. Can we still use your services? On September 30, 2002 California became even more adoption friendly when Governor Gray Davis signed Assembly Bill 746 into law permitting non-residents to have access to the adoption courts of the state of California. Under the newly enacted law, non-residents who enter into an adoption plan with birth parents residing in California may finalize their adoptions in California even if the adoptive parents do not own or rent in California and even if they come into the state solely to pick up their adoptive child. This change in the law may also be helpful in cases where the alleged birth father would have greater rights in a state other than California as California law’s concerning birth fathers tend to favor the adoptive parents over the birth father especially if he has not been meaningfully involved and financially supportive of the mother during her pregnancy.
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