With or without an identified birth mother, you may choose to proceed with the assistance of an adoption attorney. The attorney may not restrict adoptive applicants based upon age, number of children already in the home, etc. Some adoptive parents choose to work with an attorney because their foremost concern is that the legalities of the adoption be resolved as early in the process as possible, or because they feel that working with an attorney individually allows them direct access and advice. In many states, an attorney may place a child directly in the home of the adoptive family immediately upon the signing of the surrender documents, provided that a licensed home study of the adoptive family has been completed. In these cases, the need for foster care is obviated.
Some attorneys defer a portion of their legal fees until an adoption is finalized.
Other adoptive families choose to work directly with an adoption agency. In those cases, the agency may charge a fixed fee for their adoption service which usually includes locating the birth mother. This fee may include the birth mother's medical expenses, if applicable, and may also include reasonable living expenses if required by the birth mother and permitted by law in the state where she resides. The agency may limit the number of applicants and may refuse potential applicants based upon age. This can be more appealing to adoptive parents who have heard discouraging stories of failed adoptions and financial loss to the adoptive families.