Are you ready to form your forever family through adoption? At Alward Fisher, our Traverse City adoption lawyers can help you understand every aspect of the Michigan adoption process. Our compassionate attorneys will support you through each stage of this life-changing journey. Contact us today to learn more about how we can help your family grow.
Our Traverse City Adoption Lawyers Help You Understand Your Options
In Michigan, there are many different paths to adoption. Some of the most common types of adoptions include:
- Domestic adoption through an agency – Private domestic adoption agencies connect birth mothers with adoptive parents within the United States. The agency assesses and guides parents to help them understand what to expect through the process.
- Interstate adoption – This is a particular type of domestic adoption that occurs across state lines, which sometimes means differing state laws apply. Interstate adoption agencies and attorneys handle the process of screening biological and prospective parents, managing the adoption paperwork, and placing the child in an adoptive home.
- Direct adoption from birth mother – In this type of private adoption, a birth mother agrees to place her child directly with chosen adoptive parents. In most cases, birth and adoptive parents make these agreements while the birth mother is still pregnant, either privately or through an adoption attorney.
- International adoption – In an international adoption, prospective parents connect with children from outside the U.S. An international adoption agency assesses everyone involved, manages the adoption process, and places the child.
- Stepparent adoption – If a stepparent wants to legally adopt their spouse’s child, they must obtain the consent of their spouse and the child’s noncustodial parent. If the noncustodial parent is deceased or has had their parental rights terminated by Michigan courts, obtaining their consent is not necessary.
- Relative adoption – This type of adoption occurs when an immediate relative, such as a sibling, aunt, uncle, or grandparent, adopts a child. Adoption and foster care agencies typically consider relative adoption as the preferred choice when biological parents cannot care for children themselves.
- Guardianship to adoption – When a relative, stepparent, or other individual has legal guardianship of a child, their responsibility for the child is not as permanent as it would be with adoption. A legal or biological parent can always reclaim custody of their child by terminating the guardianship. When legal guardians adopt, they effectively terminate the legal or biological parents’ rights and responsibilities to the child.
- LGBTQ adoption – A married or unmarried LGBTQ couple may jointly adopt a child, or an individual may adopt as a single parent. One partner in a married LGBTQ couple may also adopt their partner’s biological or adopted child.
- Domestic foster care adoption – Unlike private adoptions, which often occur soon after a child is born, foster care adoptions involve children of all ages. In Michigan alone, there are roughly 13,000 children in foster care and hundreds who are waiting to be adopted.
Representation for Birth Mothers
The decision to place your baby for adoption is a selfless one. You want to do what’s best for your child, but making that decision is often overwhelming emotionally. Birth mothers need a compassionate and dedicated attorney, separate from the adoptive parents’ attorney, to help them understand their rights and options. Our Traverse City adoption lawyers can advocate for your and your child’s best interests.
How Are Parental Rights Terminated in Michigan?
Prospective parents cannot legally adopt a child unless the rights of the child’s legal or biological parents have been terminated. Parental rights may be terminated in Michigan as a result of:
- Death – If a custodial or noncustodial parent dies, they no longer have parental rights. However, if a legal or biological parent expressed a preference regarding who should care for the child in their will before death, family law courts may be forced to consider these wishes.
- Court order – If a legal or biological parent abuses, neglects, or abandons their child, then a family member, legal guardian, or the Children’s Protective Services division of Michigan’s Department of Health and Human Services can file a petition with the court asking a judge to terminate the parent’s rights. This is called involuntary termination. The court may also terminate parental rights any time it is in the child’s best interests.
- Voluntary termination – Legal and biological parents cannot voluntarily give up their parental rights to steer clear of responsibility or avoid child support obligations. However, parents can agree to voluntary termination of their parental rights if others express interest in adopting their child or if anyone has filed a petition asking the court for involuntary termination.
What Can You Expect in the Adoption Process?
It’s important for birth parents and adoptive parents alike to understand what to expect during the adoption process in Michigan. Generally speaking, the process includes:
- Deciding whether adoption is the right choice – Adoption has many benefits, but it’s not for everyone. You have to decide what’s right for your family. Consider the different types of adoption and the impacts adoption may have on your life, responsibilities, and finances.
- Contacting a knowledgeable Michigan adoption lawyer – An experienced adoption attorney can help you navigate the legal issues surrounding your adoption. A compassionate lawyer can support you as you search for a child or decide to place your child for adoption.
- Completing a home study – If you are hoping to adopt, you must complete a home study conducted by a Michigan social worker. During the home study, you will learn about and prepare for adoption, and the social worker will evaluate your suitability to adopt a child.
- Finding and getting to know your adoption match – Your attorney can help you think about your preferences and locate your perfect adoption match. Afterward, pre-placement contact between prospective adopting parents and a birth mother can help everything go more smoothly.
- Finalizing the adoption – Once you are ready to adopt, your attorney can file an adoption petition with the court on your behalf. After all necessary documentation has been submitted and signed, the court can complete the adoption process in a finalization hearing.
Open Adoption vs. Closed Adoption
The majority of adoptions in the U.S. today are considered “open adoptions.” In an open adoption, adoptive parents meet birth parents before adoption and typically remain in touch afterward. The extent of any interaction that occurs can vary based on the preferences and availability of adoptive and birth parents.
In open adoptions, birth parents have a voice when selecting adoptive families for their children. Adoptive parents have opportunities to learn more about their children’s backgrounds and sometimes even witness their births.
Closed adoptions were more common in the past and remain common in many international adoption cases. In a closed adoption, adoptive parents may have limited or no information about their child’s birth parents. If adoptive parents and birth parents know of each other when the adoption occurs, they typically do not remain in contact afterward.
There are pros and cons to both open and closed adoptions. Open adoption, for example, gives both adoptive and biological parents more control over the process, but also carries a greater likelihood of certain emotional difficulties. Your attorney can help you weigh the options and decide what is best for you.
How Much Does Adoption Typically Cost?
One important consideration for prospective adopting parents is the range of costs associated with adoption, which may include:
- Domestic infant adoption costs – Adopting an infant independently or through an agency can cost anywhere from $5,000 to $40,000. These costs may include agency fees, counseling fees, and attorney fees.
- International adoption costs – International adoptions involve many of the same costs as domestic adoptions but are more expensive on average due to additional preparation and travel costs.
- Home study expenses – If your home study costs are not included in your agency fees, you may need to pay them yourself. The foster care system may conduct home studies at no charge, but most private agencies and social workers charge anywhere from $1,000 to $3,000 for a home study.
- Legal fees – Adoptions need to be finalized in a U.S. court of law, which means adoptive parents must work with an attorney. Depending on your needs, your attorney may offer a fixed rate for certain legal services, such as document preparation, or charge a variable rate for as-needed representation.
- Foster care adoption costs – Going through a Michigan or U.S. foster care system is the least expensive type of adoption, with average foster care adoption costs ranging from $0 to $2,500.
Talk to a Traverse City Adoption Lawyer Now
If you have questions about adoption in Traverse City, MI, get answers today by contacting the trusted team at Alward Fisher. Our caring adoption attorneys have more than 100 years of combined experience handling all types of family law matters, and we are happy to help you.
