Placing My Baby for Adoption: Do I Need My Own Lawyer?

Separate Legal Representation in Private Adoption

Every expectant mother who is making an adoption plan should have her own adoption attorney offered at no cost to her.

Having separate legal representation ensures that there’s someone available to answer her questions, advocate for her interests, and make sure she understands her rights and responsibilities throughout the adoption process.

Some states have laws that require an expectant mother to have her own adoption attorney paid for by the adoptive parents. Other states require only that the expectant mom is offered her own adoption attorney paid for by the adoptive parents. Most states don’t have any laws about this at all.

 

Adoption attorney and adoption rules Separate buy State

Required Separate Attorney

In purple, you'll see states that require an expectant mother to have her own attorney (paid for by the adoptive parents) when placing a baby for adoption.

These adoption rules are found in:

  • Kentucky
  • Louisiana
  • New Hampshire
  • New Mexico
  • New York
  • Ohio

Required to Offer a Separate Attorney

In orange, you'll see states that require an expectant mother to be offered her own attorney (paid for by the adoptive parents) when placing a baby for adoption.

These adoption rules are found in:

  • California
  • Nebraska
  • Tennessee

Remember, state laws change frequently, so be sure to consult with an adoption professional about your state’s current law on separate legal representation for expectant mothers. If your state of residence is not listed above, use this link to find out where to contact your representatives and make them aware of this important issue.

25 Most Common Questions for Expectant Mothers Considering Adoption

Find an ethical adoption attorney.

If you are considering adoption, or are already in the process of making an adoption plan for your unborn baby, find an ethical adoption attorney near you who is experienced in representing expectant mothers.

Find an ethical attorney

AdoptMatch connects expectant mothers to a community of licensed, ethical, and compassionate adoption providers and their waiting adoptive families.

AdoptMatch is an initiative of Ethical Family Building, a nonprofit organization working to safeguard domestic adoptions through education, transparency, and accountability.

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