Yes, New York residents can use Adoptions First legal services. All Rules and Regulations in Adoption are governed by the Office of Children and Family Services (OCFS) for the State of New York.
Lawyers in or outside the State of New York are prohibited from matching, placing, facilitating an adoption where fees are paid. All fees paid to an attorney for legal services must be in compliance with section 374(6) of the Social Services Law.
OCFS will review all applications for babies born outside the State of New York. A Fee Disclosure Statement is submitted. The Statement includes the Circumstances of Placement, and a Full Fee Disclosure. Fees paid in an adoption are for legal services only and must be reasonable. OCFS will not approve any fees that they deem unallowable if those fees are inconsistent with any existing rule, regulation or case law.
An Attorney is prohibited by representing both parties, therefore requiring each party (adopting parents and biological parents) to have their own Independent Legal counsel.
New York residents generally will be referred to competent counsel in New York for the purpose of:
- Obtaininga legal Certification of Adoption;
- Becomingfamiliar with the rules, regulations, and standards relating to the practice of law in the State of New York;
- Retaining New York counsel, when applicable.