Adoption Law

Adoption law provides a means for parents to voluntarily assume the legal rights and responsibilities of a child not born to them. Following an adoption, all legal ties between the child and the birth parents are permanently severed. The new adoptive parents and the child are treated just like a natural family in the eyes of the law. The adoptive parents decide important matters involving medical treatment, education, and religion, as well as ordinary day-to-day issues that arise in the child’s life.

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  • Discouraging Adoption Fraud and Misrepresentation / Duty to Report Abuse and Guarding of Confidentiality

    Especially in the case of adoption, the Code specifically requires an attorney to actively discourage adoption fraud or misrepresentation and prohibits the attorney from engaging in such conduct.

  • Setting and Communicating Attorney Fees

    Both Codes require that an attorney enter into a written fee agreement with a client and requires the attorney to carefully explain and ensure that the client understands the fee agreement. The fees collected by an attorney with respect to an adoption or surrogacy cannot be illegal or unconscionable and must be commensurate with the services provided.

  • Appraising All Parties of Their Rights and Obligations

    Adoptions and Surrogacy Agreements raise substantial ethical considerations. Particularly in the case of Surrogacy Agreements, the parties are essentially contracting with one another for the use of another woman’s uterus.

  • What Benefits Is My Same-Sex Spouse or Domestic Partner Entitled to?
      by HG.org

    Due to a number of important Supreme Court decisions in the 21st century, married same-sex spouses are entitled to a number of benefits that were previously outside their reach. While domestic partners may be entitled to some benefits, married spouses are typically eligible for more benefits. Marriage is a factor in many federal benefits.

  • Illinois Adoptees Can Receive Original Birth Certificates Thanks to Illinois Adoption Law

    Relatively new laws in the Illinois legislature have made it easier for persons who have been adopted to receive their original birth certificates. Both adoptees and surrendered persons born in Illinois may request a non-certified copy of their original birth certificate.

  • Making the Decision to Adopt

    There are many questions you need to ask yourself before making the life-changing decision to adopt a child.

  • What Are the Possible Legal Issues Related to Sperm Donors?
      by HG.org

    More and more Americans are turning to in vitro fertilization as a means of conceiving. Sometimes the sperm donor for these procedures is known, sometimes he is not. In either instance, what are the possible legal issues related to both the mother and biological father as the sperm donor?

  • Surrogacy and the Law
      by HG.org

    There are thousands of people who would love the opportunity to have a child of their own but, for whatever reason, are not able to do so. Many of these parents turn to adoption, but some would still like to have a child that is biologically their own. For these parents, surrogacy can sometimes be an option. But what are the laws related to surrogacy? How does the process work? What does one need to think about when considering using a surrogate?

  • What is the Difference Between Adoption and Guardianship?
      by HG.org

    When accepting responsibility for the welfare of a child, there are many difficult questions to consider. But one that often confuses people is the difference between adoption and guardianship. Does one have to adopt a child in order to act like a parent and be responsible for the child, or is there a simpler way?

  • Case of Baby Veronica Is a Primer on Not Just Adoption Law, but Native American Affairs
      by HG.org

    So-Called Baby Veronica is now four years old, and has already been the subject of a case that has traveled all the way to the US Supreme Court and back down through several state courts. The case is a twisting tangle of different legal principles intermingled with social policies, making for a great primer on both adoption laws and Native American affairs.


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