Many states require you to hire an attorney to complete an adoption.

If you choose to work with an adoption agency, they may provide legal services as part of an adoption package. For independent adoptions, such as adoption by a stepparent or relative, many people choose to work with an adoption attorney and not go through an adoption agency.

Adoption attorneys handle paperwork, deadlines, and litigation issues related to parental rights, parental consent, and adoption. They’re usually familiar with local and federal laws that govern adoption.

In most cases, adoption attorneys don’t match adoptive parents with potential birth parents or children in need of adoption.

Yes, people who adopt a child are eligible for a tax credit for qualified adoption expenses paid to adopt an eligible child and an exclusion from income tax for employer-provided adoption assistance. The IRS lists attorney fees and court costs as qualified adoption expenses.

Your eligibility for a tax deduction is also dependent on your modified ​​adjusted gross income.

This is a form of adoption where one or both of the child’s biological parents are active in the process of placing their child with an adoptive family.

Open adoption allows the birth family to have visitation rights with the child and the adoptive family since maintaining contact with the birth family is sometimes seen as beneficial for the child. The type of visitation may depend on the state since open adoption contracts are governed by state law.

In addition to birth parents, other birth relatives may be eligible for contact. For example, in a number of states, courts may grant visitation rights to siblings. That’s why it is advisable that couples interested in open adoption consult an attorney before moving forward with the adoption process.

The courts will look at things such as:

• Age: Generally, 18-50 is considered an eligible age to adopt, though the age limits may vary from state to state, and some put lower limits on parental age. In some instances, one or both parents can be older than fifty, for example, if a foster parent wants to adopt their foster child.
• Financial status: You’ll need to have enough funds to cover the adoption process, which is often expensive. Adoption tax credits can cover some of the costs of the adoption process. In addition, you’ll need to prove that you have steady employment and income to cover the costs of raising your adopted child. This is an important consideration for the courts, especially in single-parent adoptions.
• Marital status: Being legally married allows for the broadest selection of adoption choices, but many single people adopt successfully. Also, a previous divorce generally does not disqualify people from adopting, unless it is more than one.
• Health issues: You will need to provide proof that you are in good health, have a good life expectancy and that you will be able to manage the physical demands of caring for a child.
• Living situation: Your home will need to be inspected to ensure that it's suitable for a child and that it’s safe and clean.
• Criminal record: Minor offenses, for example, unpaid parking tickets, aren’t really taken into account, but more serious charges can affect your eligibility. Any history of domestic violence or child abuse will likely disqualify you as an adoptive parent.

In general, it’s always a good idea to speak to an adoption attorney before starting the process to cover all your bases.