There are legal matters that need to be considered and taken care of during the wait period. Adoptive parents should think about consulting an attorney regarding preparing a will and the re-adoption process.
It is important for adoptive parents to consult with an attorney who can help them draw up a will to legally specify the disposition of their assets (equity in a home, property, savings, etc.) and the custody of their new child in the event of their death. With a will in place, the chain of custody for the child can be immediately determined, and assets can be directed toward the child's new guardian to provide for the welfare of the child. If one or both parents should die without a will, the disposition of their assets would be handled according to state law as determined by probate court, a process that might take a long time complete and will generally not provide optimally for dependent children.
If children are adopted internationally, it is strongly recommended that parents re-adopt their children in the United States. It is important to have an attorney in mind that can help with the re-adoption process. By re-adopting in the United States, a paper trail is created of the adoption in the United States. A court takes official notice of the adoption, and a birth certificate and adoption decree are issued for the child. Having a United States birth certificate can be very useful when applying for schools and proving that adoptive parents are legally the parents of their child. If official copies of a child's adoption decree or birth certificate are ever needed, the parents will not need to obtain them from the child's birth country. The child's inheritance will be protected as well. There have been lawsuits filed to have internationally adopted children, with no US adoption decrees, legally disinherited, and ineligible to receive their portion of the adoptive parent’s estate or insurance benefits.
Hiring an attorney is not always necessary in getting legal matters organized. Some states allow adoptive parents to petition for the adoption themselves without hiring an attorney. Parents can gather their documents and submit them to the county court with a court fee. Wills can also be taken care of without hiring an attorney. Websites such as www.legalzoom.com and www.legacywriter.com allow people to write wills easily online. Writing a will online is quick and fairly inexpensive.
Whether or not an attorney is consulted or hired with legal matters, the wait period is the perfect time to start thinking about getting legal affairs in order.