Finalizing the Adoption

• Author: Jeffrey Kasky; Robert Andrew Kasky
• Pages: 85-92

85

CHAPTER

16

Finalizing the Adoption

Although the details of each state’s adoption laws are different, there are common threads which run

through all of such laws and the discussion below of the legal process, while general in nature, pretty well

tracks the important legal steps.

Once the family is matched with birth parents and all of the necessary preliminary paperwork is

signed by the birth parent(s) and the binding paperwork is signed by the prospective adoptive family es-

tablishing its relationship with the adoption agency or the adoption attorney, the agency’s attorneys will

typically file a confidential petition in court to provide and clarify the details and the general parameters

of the proposed adoption, including amounts of financial assistance projected to be provided to the birth

mother.

There are a variety of different approaches for how the states address the concepts and philosophies

surrounding birth mother expenses. For example, some states do not allow for prenatal expenses to be

paid during an adoption plan. Other states, such as Florida, allow for an adoptive family, through their

agency or lawyer, to pay for a certain minimal amount of expenses without a court order. The court must

order expenses that exceed that maximum. So long as the items in the Petition appear reasonable, the

Court is likely to sign the order allowing for the additional support.

Unscrupulous lawyers have been known to take advantage of the adoption situation by misreporting

or failing altogether to report monies spent for expenses. If your lawyer or agency is paying for limo rides

to and from nail salons for the birth mother, you may inadvertently be participating in a felony called

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