The following is a list of some frequently asked questions explaining the involvement of courts and lawyers in the adoption process.

Do I need to go to court for an adoption?

All adoptions, whether handled by an agency or done independently, must be approved by a court. The adoptive parents must file a petition -- basically a request for approval -- with the court and go through an adoption hearing.

Before the hearing, anyone who is a party to the Adoption must receive Notice, with the exception of the adoptive parents. (They initiated the action and therefore already have notice that it is occurring) The persons normally given notice are the biological parents, the child and the adoption agency. If the court has appointed a Guardian ad Litem or child’s representative he or she is also given notice. If the child is over the age of 14, he/she must consent to being adopted.

At the hearing, if the court determines that the adoption is in the child's best interest, the judge will issue an order approving and finalizing the adoption. This order, often called a final decree of adoption, legalizes the new parent-child relationship, and usually changes the child's name to the name the adoptive parents have chosen.

What should my adoption petition say?
A standard adoption petition will generally include five pieces of information:

1) The names, ages and address of the adoptive parents,
2) The relationship between the adoptive parents and the child to be adopted,
3) The legal reason that the birthparents' rights are being terminated (the reason usually being that they consented to the termination),
4) A statement that the adoptive parents are the appropriate people to adopt the child, and
5) A statement that the adoption is in the child's best interests.
The written consents of the birthparents or the court order terminating their parental rights is also filed along with the petition. (In non-agency adoptions, the Judge may choose to require a Judicial Consent from the birth parent(s)) Adoptive parents also often include a request for an official name change for the child.

Do I need an attorney to handle the adoption of my child?

If you do not use an agency, yes. Even if you do use an agency, you will probably need to hire a lawyer to draft the adoption petition and to represent you at the hearing. Although there is no legal requirement that a lawyer be involved in an adoption, the process can be quite complex and should be handled by someone with experience and expertise. When seeking a lawyer, find out how many adoptions he or she has handled, and whether any of them were contested or developed other complications.