The attorney for the adoptive parents is ethically prohibited from simultaneously representing the birth parents. Because of this prohibition, there are some situations in which the parties will assert that, if only one attorney is involved, he or she is representing only the adoptive parents and that the birth parents simply have no legal representation. This approach is ill-advised because it presents dangers to all of the parties. It is a far better practice to insist that the birth parents retain separate counsel to represent their interests.
For more information about independent adoptions, click to view one of the following pages:
- Independent Adoption