Avoiding Contested Adoptions & Limiting Attorney Liability

Join returning faculty member Colleen Quinn as she discusses avoiding contested adoptions, protecting client’s hearts and pocketbooks, and limiting attorney liability and exposure to possible legal malpractice claims. Colleen begins by establishing the primary ways in which adoptions may become contested. Additionally, Ms. Quinn discusses the associated practical considerations including financial and emotional cost to the parties. 

Learning Objectives:

I.     Recognize the primary ways in which an adoption might become contested:

• Lack of Due Diligence
• Insufficient Information Obtained or Sought
• False Information Provided
• Incarcerated Birth Parent
• Mentally Ill/Drug-Alcohol Addicted Birth Parent
• Indian Tribe Intervention under ICWA or Birth Parent Able to Claim ICWA Protection
• Grandparent Intervention cases
• Legal Malpractice
• Birth Parent in Active Military
• Breach of Fiduciary Duties

II.    Understand associated practical considerations:

• Cost to the Parties
• Financial
• Emotional & Mental
• Stress
• Risk
• Sufficiency of Resources
• Negative Publicity
• Implications for Child in the Future

III.   Comprehend the importance of being thorough in the gathering of information

IV.   Recognize how conflicting state laws might come into play

V.    Ensure proper notice requirements are met

VI.   Gain familiarity with the new tort of tortious interference with parental relations

VII.  Identify: 

• How ICWA might be a factor
• Mediation settlement considerations

VIII. Grasp state application using Virginia as an example