Indepenant adoption with both an agency and attorney

Jeff, One question for you, before I reply. Did you go through the Foster Adopt process in your state to become a Licensed Foster Care Provider? Has the state done all of the work, thus far? Did you pay for any of this?I need to know those answers, to reply correctly.

Brandy, Yes we did go thru the process and are certified as a licensed foster care provider. And also yes we have paid for this and all the required documentation.

Okay -- so you were hoping to adopt a child that was placed with the state or taken from their parents due to neglect or abuse?I was trying to wrap my head around the fact that your agency wouldn't help you -- but knowing that, it makes sense. It's likely your agency is a Foster Child Agency only -- in which case, they wouldn't be allowed to do private adoptions. Absolutely contact an attorney if this is a situation you want to pursue. But, be aware, even if you did pay for the steps up to this point through your foster placement agency, you very likely will not get to 'carry' those documents elsewhere. Everything, from the ground up, may have to be done again. You may even have to purchase the homestudy you had done by them from them. Unfortunately, you're in a difficult place. On one hand, you have this potential situation with the other couple and on the other hand, you are waiting for movement from the state with your agency. More likely than not, if you elect to follow through with the couple and retain an attorney, your agency will place you on "hold" -- which means, if the situation doesn't end up working out, you may have more hoops to jump through to get back on the list and they may even impose some sort of 'waiting period' for you to grieve the loss of a potential match. I'm not saying it absolutely can't be done -- almost everything will be dependent on how willing the foster agency is to cooperate. Some absolutely will not -- while others don't have a problem. You should call them tomorrow and ask them, "If we do decide to pursue the independent situation, what would we have to do to get a copy of our Homestudy? Also, if we do go through with it. will we remain on your waiting list? If you require us to be placed on hold and the situation doesn't work out, how long (if at all) will we have to wait in order to become active again?Feel free to keep posting -- there is a LOT of information here :)

Brandy, The agency we went thru is primarily open infant adoptions sometimes they handle other older children. We just haven't been picked by a birth mother as now. Your right we will be put on hold. Up till now we haven't had much activity with our profile so we are ok with that so we can pursue this other opportunity we have been privileged to be part of. If we would have been matched with a birth mother thru our agency we would have had the agency and an attorney to navigate thru the courts. My original question was now that we found this couple it becomes an independent adoption and what purpose does the agency serve that our attorney won't be?

I'm still really confused as to why, if they are an adoption agency, they won't work with you. At this point, if they aren't doing anything, you're right, you don't need them. But also, at this point, if you go with a private attorney for an independent adoption, you're going to likely have to redo everything you've done. An agency does give you more access to support for yourself as well as the couple that is placing. I don't understand why they don't ask you to have the couple contact them, so they have access to that support. Are you wanting to omit the agency to cut down on costs? Sorry, I am still just blown away by their response. An agency offers so many more support options than going independent. Counseling, expense support, etc. Attorneys aren't going to offer any hand holding for the couple -- they aren't going to have support services in place. It's going to be a legal process only. I'm not saying going the route of an attorney is wrong or bad -- I am only saying what I am because you're already working with an agency, likely paid fees, etc -- it would stand to reason that they'd request the couple contact them so that they can make sure they're getting the services you've already paid for, in part, with the fees you've paid to them.