Avoiding Contested Adoptions & Limiting Attorney Liability (Update)
Created on October 29, 2020
In this program, adoption attorney Colleen Quinn will discuss how to avoid contested adoptions, protect clients' hearts and pocketbooks, and limit attorney liability and exposure to possible legal malpractice claims. The course begins by reviewing the primary ways in which adoptions may become contested, including a 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 a birth parent able to claim ICWA protection, grandparent intervention cases, legal malpractice in failing to strictly adhere to statutory requirements, the birth parent in the active military, and breach of fiduciary duties. With these primary areas established, Ms. Quinn will then discuss the associated practical considerations, including the financial and emotional cost to the parties, stress, risk, sufficiency of resources, negative publicity, and implications for the child.
This program will benefit any attorneys involved in facilitating adoptions.
- Recognize the primary ways in which an adoption might become contested
- Identify the associated practical considerations, including financial and emotional costs and future implications for the child
- Gather your information thoroughly
- Analyze how conflicting state laws might come into play
- Ensure that proper notice requirements are met
- Avoid the tort of tortious interference with parental relations
- Review ICWA factors
- Consider mediation and settlement
- Apply state law correctly, using Virginia as an example
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