Separate Legal Counsel

In some states it is permitted to dual represent in an adoption where one attorney represents the adoptive parents and the agency. However, the attorney for the adoptive parents is not permitted to also represent the birth parents.

All too often an adoption occurs where one attorney is representing only the adoptive parents and assert that the birth parents do not need legal representation.

These approaches are ill advised because it presents dangers to all parties. It is a far better practice to insist that all parties are separately represented.

With this recommendation you will often see that the agency has representation, the adoptive parents have representation but that the birth parents do not.

Why do some agencies not provide legal representation for their birth parent clients? The answer is simply that it is not required.

For Adoption STAR, it is not only recommended but an everyday practice that the birth parents will be provided with separate counsel to represent their interests.

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