Adoption
An Attorney’s Role in Representing a Birthmother
in Connection with an Agency Adoption
My
role in representing a birthmother is two-fold. First, I
make sure the birthmother understands all the legal
aspects of an adoption and that she understands that she
is permanently surrendering all her rights as a parent.
I make sure no one is pressuring her or no one is
threatening her. I make sure she understands the process
so there is no chance of fraud, duress or coercion - the
only factors that could be used to challenge the
surrender. I explain the meaning and significance of
each document that she is asked to sign. I talk with her
about birthfather issues and the putative father
registry. I try to determine if there is a risk from a
putative father for disruption. I make sure she is
neither requesting nor accepting funds from the
potential adopting parents that would be beyond the
limit of the law. Second, I explain that I am her
advocate. If she wants to proceed with the adoption I
make sure all elements of the adoption are being carried
out correctly, but if at any time up to the signing of
the surrender, she changes her mind, I stop the process
on her behalf. While she is at the hospital I am
available to speak with the social workers or healthcare
staff if she is not being treated properly
(unfortunately there are times that some staff members
can be very insensitive to a birthmother). I encourage
birthmothers to seek counseling both during the
pregnancy and after delivery. I like to meet with a
birthmother at least once prior to the surrender and I
attend the surrender with her. I give a birthmother my
office, cell and home phone and let her know that I am
always available to answer her questions about the
adoption plan.
