cathy: I will begin by introducing our guest for this evening

  cathy: Vernadette R. Broyles is an attorney in the Metro Atlanta area who specializes in all manner of adoption. Mrs. Broyles received her law degree from Harvard Law School in 1995. Not only is she a long time advocate for families and children, Mrs. Broyles and her husband adopted a little girl from Ecuador in 2006. She has also serves as a Guardian Ad Litem representing children in Superior Court.

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  cathy: Attorney Broyles, please begin by discussing your personal experience of adopting internationally

  Broyles: It was a long process -- took two years. And even though this is my work, I was tempted to loose heart. But going to Ecuador to adopt Elicia turned out to be an adventure of a lifetime -- she turned out to be completely worth the wait.

  cathy: How costly is international adoption?

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  Broyles: We spent around $20,000. That is probably about average these days. I have heard, however, of international adoptions costing $30,000 and more. Much depends on the country you are going to and how long you have to stay there and how many times you have to go back.

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  cathy: If a parent is interested in adopting in the US, what would be the initial steps?

  Broyles: Understanding the legal process in the country you are adopting from is critical. If it is a drawn out process, with a long in country stay and two or more trips, you will end up spending significantly more. Much of the cost comes in the travel and accomodations. Another issue is the country fee charged.

  Broyles: The first step is to research reputable adoption agencies and getting a home study. Once you are home studied you can converse with agencies around the country and be able to move pretty quickly if an appropriate chil is found.

  Broyles: You also need to decide your criteria for a child pretty quickly and communicate that to your agency or the agencies you are working with.

  cathy: Is the adoption process different for children with special needs versus what's considered a "healthy infant"

  Broyles: I would also suggest that at the same time you are doing these things that you create a letter expressing your desire to adopt a child, which should include something about your reasons for adopting and the kind of child you hope to bring into your home, and circulate your letter to every family member, friend, or acquaintence you know. Many people have found a child just through the network of people they knew (you knew someone, who knew someone, etc.)

  cathy: As an attorney, is there something different or extra that you have to do or know?

  cathy: That's valuable advice especially during the homestudy process when references may be required1

  Broyles: The legal process for adopting a special needs child is the same as any other. The difference is that you are likely to be able to qualify for some assistance from the state. For special needs children who did not go through DFCS, you can at least usually get your legal fees paid. For special needs children who went through DFCS you can potentially qualify for ongoing monthly adoption assistance.

  Broyles: As an attorney there's nothing extra I have to know, but, it helped me immensely in being able to process the mountain of paperwork and keep in perspective the long time delays and inevitable snags along the way.

  Broyles: I'm speaking, of course, about my own adoption. One other thing is that it helped by my being able to ultimately finalize my own adoption. It was kind of funny -- I was both the petitioner and the lawyer, so when the judge had a legal question he turned to me and when he had a child-related question he queried my husband.

  Kim: What would you suggest to a family that is thinking about adopting a legal risk child?

  Broyles: Several things. Consider whether you have another child in the home. They can suffer greatly (more than adults) if the adoption falls through. Also, be ruthlessly honest with yourself -- can you take the emotional strain if this child ends up leaving your home.

  cathy: Could you elaborate on legal risk children for those who are unfamiliar.

  Broyles: For instance, we had considered going the legal risk adoption route, but ultimately decided that our son, Caleb (who was then 4 years old) could not emotional take getting, and then loosing a sister or brother,

  Broyles: A "legal risk" child is a child in DFCS custody that has been placed in your home with the possibility of your adopting them. It is a "legal risk" however, because typically their biological parents' rights are still undecided and there is some level of possibility that they will not be freed for adoption.

  Judy: If you are adopting privately, what is the finanical limitations on the financial support that you can give the birthmom during pregnancy?

  Broyles: It depends what you mean by "privately". If you are doing an independent adopton (i.e., using only an attorney and not a licensed adoption agency), then you are restricted to only paying for medical expenses for the mother and baby, although there is caselaw that appears to say you can provide basic room and board. I would also argue that you can also pay for psychological support. If you are adopting through a private adoption agency then you have a bit more leeway -- you can pay for medical, psychological support, and a wide variety of living expenses, but it has to be done through the agency.

  Kim: Do you have any suggestions for family members who want to adopt a child that is in foster care.

  Broyles: Are these family members of the child that is in foster care with another family?

  Kim: yes

  Broyles: Then you would need to present yourself to the DFCS office handling the case as soon as possible to express your interest in caring for and adopting the child. DFCS currently has the mandate to find and favor relatives early in the process. If a great deal of time has passed, however, the preference for relatives of the child will begin to deminish in favor of giving the child stability.

  Kim: Is there a timeline set for DFCS to get the child either in the custody of a family member or adopted by a family memeber?

  Broyles: Theoretically, DFCS is supposed to have come up with a plan to provide the child permanency within 12 months of the child coming into care. However, in practice that is more often the exception than the rule. DFCS is also statutorily required to do a "due diligence" search for relatives in the first 30 days of a child coming into care. But again, real life practice is more murky, although DFCS is beginning to do a better job with their due diligence searches.

  Broyles: Theoretically, DFCS is supposed to have come up with a plan to provide the child permanency within 12 months of the child coming into care. However, in practice that is more often the exception than the rule. DFCS is also statutorily required to do a "due diligence" search for relatives in the first 30 days of a child coming into care. But again, real life practice is more murky, although DFCS is beginning to do a better job with their due diligence searches.

  cathy: Revisiting cost of adoption, is there any difference for adopting a sibling grouup versus a single child?

  Broyles: Is this in the DFCS context?

  cathy: yes

  Broyles: Yes, for a couple of reasons. First, a sibling group (i.e., for two children where one is special needs, or any sibling group of three or more) is likely to get you adoption assistance, which will cover your legal expenses and possibly provide monthly assistance. Second, there is an economy of scale achieved in finalizing the adoption of two or more children, so that the legal fees for each child is less than for a single child adoption.

  cathy: How long is the process from initial attorney contact to adoption finalization?

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  Broyles: It depends on the type of adoption. For a DFCS or private agency adoption, where the parental rights have been surrendered or terminated, it can take 2 1/2 months to 5 or 6 months. The attorney has to get the documents from DFCS or the agency (that can take time, depending upon how well DFCS or the agency has it together). Then the attorney has to prepare the petition and file in court. Then the court has to set the final hearing, which cannot be done in less than 45 days, but typically takes longer depending on how busy the court is. Also, how complete and clean a petition the attorney prepares makes a big difference, because the court will not schedule or complete a final hearing until all necessary documents are filed and questions are answered.

  Kim: Do birthparent have any rights once the adoption is final? We have always heard the stories of children being returned to birthparents and its always a concern for people adopting.

  cindy: are there any cases where an international adoption has birth parents trying to get the children back?

  Broyles: Georgia law has really worked to close that window of uncertainty, and those horror stories are indeed now very rare. There is a short time in which the adoption can be appealed. And if I remember the code correctly, an adoption in Georgia cannot be overturned for any reason after I believe six months.

  Broyles: One other thing -- the grounds for appeal are also very narrow.

  cathy: In closing, is there any information that has not been addressed that you feel is important for parents to know concerning the legal aspects of adoption?

  Broyles: Cindy, there is the famous case of Madonna recently, where the birth father claims he was defrauded. I believe, however, that the adoption was upheld. Other than that, I have personally not heard of another case, but I'm sure they exist.

  Broyles: How much time do you have? The answer is many, and for that reason I am urging agencies to begin providing workshops on the legal aspects of adoption, and personally do provide such a workshop. I often find that my clients were ill prepared for this last, and absolutely critical final step in the long process. I am happy to be of service to any prospective adoptive parent, or adoption agency, if they would like to contact me -- office number is 770-448-4525.

  cathy: Attorney Broyles, on behalf of the Georgia Center for Resources and Support, we would like to thank you for taking time out of your demanding schedule and precious time at home to be the guest in tonight’s chat. Your wealth of information was invaluable.

  Broyles: I am more than happy to be of help. Adoption is not an easy process, but it's a wonderful process, and I am thrilled to be able to do this work.

  cathy: Also, thanks to all who attended the chat. Goodnight to everyone!

  Kim: Thank You for all the wonderful information! Good Night