For some LGBTQ+ individuals or couples who want to grow a family, adoption is usually the right option. Whether you wish to provide a home for a child who needs one, you are concerned about your rights in the future or you feel LGBTQ adoption is a better fit than surrogacy, there are many strong reasons to adopt.
While you can try to navigate an adoption on your own, it is a very complex legal process. Because of this, many people chose to use an attorney for this and other matters, such as LGBTQ+ custody cases and adoption cases.
They Help Plan the Timing
There are many different situations that can help or hurt an adoption case. Because of this, your attorney will work with you to ensure you have the best chances.
You may, for example, want to weigh your current work path and future career path in certain types of adoptions. How long have you been at your current job? Is your income steady and predictable? Do you plan a major career change in the future? When you adopt, you want it to be at a time when you have secure income and are not expecting any major employment shifts that could result in stress or financial insecurity.
Any big life events you have coming up can also impact the timing of your adoption decision, such as buying a new home, moving or returning to school. While these are exciting life changes, you may want to hold off on the adoption until you have had some time to adjust. If you have recently moved, you may need to wait to file for adoption until you have lived there for a certain period of time in order to comply with the law.
They Will Ensure Your Legal Relationship Status Matches with Your Adoption Type
There is more than one adoption type available and many factors influence it, including whether it is a couple or individual adopting, whether the child has a relationship with either future parent, whether the biological parents have a relationship with the client, and the current legal relationship between an adopting couple. The Court will want to know that the child or children will have a stable and safe life with you as the adopting parent and will want to be satisfied that the biological parents of the child or children either consent to adoption or are not fit to provide a safe and stable life.
Since each adoption type has its own requirements and processes, your attorney will help walk you through those. Making mistakes in your adoption can have serious consequences, and the legal assistance provided by an attorney is often invaluable.
They Help You Gather the “Evidence”
The success of your application to adopt may require and partly depend on a home study, which is an assessment of your ability and means to care for a child. Your attorney will explain this assessment to you and help you identify areas where you may need to make changes. There are some types of adoptions that may not require a home study but it is a good idea to be prepared if the Court decides one is needed.
Additionally, you and your partner’s criminal history can be very important. Adoptions will require a background check. While having a criminal background may not prevent you from being able to adopt, it will be important to discuss any criminal history with your attorney so your attorney can prepare for any questions that may arise.
As part of the assessment, you may also be asked about your social history, health, financial status and more. You will need to prepare materials to show your preparation to be a positive and proper parent.
They Help Protect Your Rights
Unfortunately, despite same sex or LGBTQ+ individuals and couples being fully permitted to adopt in New Mexico, discrimination may still be something you will have to navigate through. Your attorney will ensure your rights are protected throughout the entire process.
Your adoption should be an exciting time for you and your family, but it is also a legal journey with many requirements and complexities along the way. Work with an experienced attorney for your adoption to ensure everything goes as smoothly as possible in your case. While it may seem as if the adoption process will take forever, it should only take a few months and the end result is certainly worth the wait!