The laws about dual representation in adoption varies between states.
The majority of states are silent on whether an attorney can represent both the expectant mother and the adoptive parents in an adoption.
20
Twenty states prohibit dual representation.
3
Three states allow dual representation.
These laws should be amended.
These laws should be amended.
28
Twenty-seven states (plus D.C.) have no laws about dual representation
No laws = No protection. New laws are needed in these states.
No laws = No protection. New laws are needed in these states.
Dual representation of a birth parent and adoptive parents should be prohibited in all states.
Adoption is a complex legal process for everyone involved. While collaborative in nature, adoption also presents several inherent and potential conflicts between the adoptive and birth parents. Lawyers assisting with adoption are responsible for making sure their client's rights are protected and that they are fully informed about their legal rights and obligations on all aspects of the adoption, including post-adoption rights and limitations, post-adoption communication, and the birth parent's right to change their mind. Since the legal rights of adoptive and birth parents can quickly come into conflict on these and other issues, it is unethical for an attorney to represent both the birth and adoptive parents in an adoption.
It is not ethical for an attorney to represent both the birth parents and adoptive parents in an adoption case due to the inherent conflicts between the parties that cannot be resolved.
TAKE ACTION
Use our interactive maps to find out which states prohibit dual representation and which states need new laws. Join the AdoptChange Task Force in your state to support pending legislation, enforce existing laws, and create new ones where necessary.
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