Granite Bay
Adoption Lawyer
How an Adoption Attorney Can Help
Whether you are a prospective biological parent or prospective adoptive parent, there are many factors to consider in this monumental and often stressful decision-making process.
Adoption creates a legal relationship of parent and child, when it might not otherwise exist biologically. At the same time, adoption severs in many ways, the relationship between the minor and his or her biological parents. As a general principle, such changes in the relationships should not be made without the consent of the biological parents, unless they have forfeited their rights under the law.
A California Adoption Lawyer You Can Trust
If you are considering adoption, the team at McCunn Law can help. Contact us online to learn more or call our office at 916-773-6100 today.
Adoption attorney Drummond T. McCunn can help you navigate the unique state laws pertaining to adoption and help you reach the best outcome for your family. A Granite Bay, California, attorney with experience in family law, Mr. McCunn is sensitive to the emotional and legal nature of these special proceedings. For legal assistance you can count on, call McCunn Law to help you with your case.
Who can adopt?
An adoptive parent can be a stepparent, domestic partner of one of the birth parents, a grandparent, a relative who has cared for the child, or someone entirely new who is not related to the child by blood.
Generally, there is no limitation on who can adopt. However, a minor’s power to adopt is limited to: (1) one who is married, and (2) to the adoption of the minor’s own child or the child of the minor’s spouse. Aside from that limitation, the age of the prospective adoptive parent is only one factor to consider in determining the best interests of the child who is to be adopted. The same holds true if the potential adopting parent is not married.
Types of Adoptions
Stepparent/domestic partner adoption. These types of adoptions are simpler than others because one of the child’s birth parents remains the child’s parent. These types of adoptions include a legal spouse or registered domestic partner of the child’s parent
Agency, independent, or international adoptions. In agency adoptions, the biological parents have already relinquished their rights or have been relieved of their parental rights through a court order. Either the California Department of Social Services or a licensed adoption agency is part of the adoption case. It is the agency’s responsibility to determine whether the intended adoptive parents are suitable.
In an independent adoption, there is no Department of Social Services or other adoption agency as part of the adoption case. Biological parents may maintain their parental rights and play a role in deciding who adopts their children. Once the adoption is granted through a legal process, then the adoptive parents become the only parents with rights and responsibilities for the child.
International adoption is when the child to be adopted was born and resides in another country, prior to their adoption.
In all these different types of adoption cases, even though the process may differ the result is the same. The birth parent’s parental rights are terminated. The legal relationship with the adoptive parents is permanent and has the same legal significance as that typically held by biological parents. An adopted child inherits from his or her adoptive parents, just as a birth child would. In the end, the court terminates the parental rights of the child’s two birth parents and the adoptive parents become the adopted child’s legal parents.
What to Expect during the Adoption Process
Those wishing to adopt will need to be prepared to be investigated before being granted an adoption. To begin the process, it is best to sit down with an attorney who can explain how it works and help ensure completeness of your application. Potential parents will learn from their attorney what legal rights and responsibilities are associated with becoming a parent, including the right to make decisions regarding healthcare and education as well as the responsibility of providing support for the child.
The end goal is to allow adoptions to those who are capable and willing and will provide safe homes for children. A potential adoptive parent can expect home visits designed to determine whether the home environment is safe and whether the potential adoptive parents are fit to be parents. If the issue of parental rights of the biological parents is not yet resolved, that will also happen during the adoption process.
A Trusted Adoption Attorney
Going through the adoption process can be long, stressful, and emotional. A family law attorney with experience in adoptions can anticipate potential issues that may arise, such as a biological parent changing their mind or an unfavorable agency recommendation. Your lawyer will draft the documents needed for a legal adoption, make sure all forms are complete and properly filled out, and ensure the forms are submitted according to proper procedure. Your attorney will also sit in on any investigation and offer evidence needed or requested and represent you at the adoption hearing.
Why Choose McCunn Law
Our methods for handling adoption and family law issues are unique. We offer legal assistance for a range of family law cases, including:
- Adoption
- Business Owner Divorce
- Child Custody
- Child Support
- Child Support Modification
- Cohabitation Agreement
- Debt Resolution
- Divorce
- Domestic Partnership
- Domestic Violence Restraining Order
- Family Business
- Family Residence
- High Asset Divorce
- Inheritance Dispute
- Legal Separation
- Paternity
- Premarital Agreement
- Property Division
- Retirement Benefit Division
- Spousal Support
- Visitation Agreements
Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”