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Every year, I assist clients with adoptions. Most of these cases involve adoption by a step-parent. The most common issue that arises in these cases involves the inability to locate a missing biological parent. Ordinarily, consent of both biological parents is required before an adoption can proceed. However, if you cannot locate a missing biological parent, you can still proceed with an adoption by serving the missing parent with notice via publication in a newspaper. If the missing parent does not respond, the Court may issue an order stating that his or her consent is not required and may proceed with the adoption. In most cases, if the child has resided with the step-parent for at least two years immediately preceding the filing of the adoption petition, and the step-parent and biological parent are married during this two-year period, the adoption can proceed with little or no difficulty. If the child has not resided with the step-parent during this time, or has resided with the step-parent, but the step-parent was not married to the biological parent during this whole time, a home study will be required. A home study involves a person from a licensed agency interviewing all of the parties involved, and visiting the home where the parties reside. Several agencies perform these home studies, and they charge fees between $400-$1000 for to complete a home study.

I also assist clients with third party adoptions (an adoption by a person other than a step-parent). These types of adoptions most often occur when a young woman is pregnant with a child that she does not wish to keep, and has already selected a couple to adopt the child. A third party adoption can also occur where a relative of the child other than a step-parent adopts the child. In either of these type cases, a home study will be required, and the consent of both parents is required in almost all cases. Any person may be adopted with the exception that you cannot adopt your spouse. Adults can adopt other adults as well. This happens frequently when a party wants to ensure that someone with whom they have had a paternal or maternal relationship, even though they are not blood-related, can inherit from them as if they were their own child. No home study is required, nor is the consent of the adoptee's parents required.

How much does it cost? - In most stepparent adoptions, my fee is $900.00 plus the filing fee and any additional costs, such as obtaining a certified birth certificate, or publication in a newspaper if necessary. If it is necessary for a home study to be completed, you will be responsible for the cost of the home study. My fee for most third party adoptions is $2500.00 plus all of the potential costs mentioned above. My fee for adult adoptions is $750.00 plus any costs. These fees are for uncontested adoptions. If an adoption is contested or it is necessary to file a petition to terminate parental rights before the adoption can proceed, the fees can be substantially more.
336-373-8469
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The Spagnola Law Firm
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Adoption
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