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Agency Adoption
In an agency adoption, a licensed private adoption agency works with both adoptive parents and expectant parents throughout the adoption process.
Adoption agencies typically assist adoptive families by:
- Providing education, counseling, and training about adoption
- Conducting the required home study
- Helping you create an adoption profile for expectant parents
- Matching adoptive parents with expectant mothers considering adoption
- Providing medical and social background information
- Submitting post-placement reports to the court
Agencies also provide important support to expectant parents, including counseling, pregnancy support, and assistance during the hospital discharge process.
Under Minnesota law, birth parents may sign consent to adoption no earlier than 72 hours after birth, and the consent becomes irrevocable 10 working days later.
Our firm works closely with adoption agencies to complete the legal portion of the adoption process, including:
- Preparing the adoption petition
- Drafting the final adoption decree
- Searching the Minnesota Fathers Adoption Registry
- Filing all required court documents electronically
If no father registers within 30 days of the child’s birth, his parental rights are typically extinguished by operation of law.
Most of our agency adoptions are finalized within approximately 90 days after filing the adoption petition.
Direct Placement Adoption
A direct placement adoption occurs when a birth parent places the child directly with the adoptive parents rather than through an adoption agency.
Because the placement occurs directly between the birth parent and adoptive parents, additional legal procedures are required.
Our firm assists adoptive parents by:
- Working with the birth parent’s attorney
- Preparing a motion for a preadoptive custody order
- Securing legal custody of the child until the adoption is finalized
A preadoptive custody order allows adoptive parents to:
- Make medical decisions for the child
- Take custody of the child upon discharge from the hospital
In many cases, courts issue these orders within one or two days of filing.
As with agency adoptions, we prepare the adoption petition and final decree and ensure that the Minnesota Fathers Adoption Registry is properly searched.
Most direct placement adoptions are finalized within about 90 days of filing the petition.
Interstate Adoption (ICPC)
When adoptive parents and birth parents live in different states, the adoption must comply with the Interstate Compact on the Placement of Children (ICPC).
The ICPC requires approval from both states involved in the adoption before the child can be brought home.
Interstate adoptions can be complicated because:
- Each state has different laws governing birth parent consent
- States have different rules regarding birth father rights
- Residency requirements for finalization may vary
- States have different rules regarding birth parent expenses
Fiddler Law regularly works with adoption attorneys across the country to coordinate ICPC approvals and interstate placements.
We guide families through every step, including:
- Hospital planning and discharge coordination
- Consent procedures
- Filing ICPC approval requests
- Coordinating with attorneys and agencies in both states
In many cases, approval comes within days—and that’s when we call families with the news they’ve been waiting for: “ICPC approved. You can bring your baby home.”
Contested Adoption
A contested adoption occurs when someone challenges the adoption, most often a biological father asserting parental rights.
These cases can involve:
- Claims that a father did not receive proper notice
- Late challenges to the adoption
- Paternity actions filed after the statutory deadline
Attorney Mark Fiddler is widely recognized as an authority in contested adoption litigation. He served as a lead drafter and lobbyist for the Minnesota Fathers Adoption Registry, which requires fathers to register within 30 days of a child’s birth to preserve their rights.
When a father registers on time, he must file a paternity action within 30 days of receiving notice of the adoption.
These statutory deadlines are strict, and our firm carefully enforces them to protect adoptive parents and birth parents alike.
While many attorneys can handle routine adoptions, contested cases require extensive litigation and appellate experience. If your adoption becomes contested, our firm has the experience necessary to defend it.
Foster Care Adoption
When parental rights have been terminated, foster parents and relatives may seek to adopt the child—even if the county opposes the placement.
These cases involve a two-step legal process:
Step One: Motion to Challenge the County’s Decision: The prospective adoptive parent must show that the county acted unreasonably in refusing to place the child with them.
Step Two: Best Interest Trial: If the court agrees, the case proceeds to trial, where the court determines whether adoption is in the best interests of the child.
Foster care adoption cases often involve complex questions about:
- The child’s emotional attachment
- Placement with relatives
- Cultural and family connections
These cases can be difficult, but they are among the most important matters we handle.
Indian Child Welfare Act (ICWA)
The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 to protect the integrity of Native American families and tribes.
ICWA applies to cases involving an American Indian child in:
- Foster care placements
- Termination of parental rights
- Adoption proceedings
- Some custody disputes
Attorney Mark Fiddler is nationally recognized for his work in ICWA law and regularly assists attorneys and families with complex ICWA cases.
ICWA Voluntary Adoptions
ICWA allows birth parents to choose adoptive families for their children while ensuring tribal interests are respected.
Mark Fiddler has developed procedures that help families and adoption agencies comply with ICWA while promoting voluntary placements that serve the child’s best interests.
Contrary to common misconceptions, tribes do not have veto power over the decisions of fit birth parents in voluntary adoptions.
ICWA National Consulting
Mark Fiddler regularly consults with attorneys throughout the United States on difficult ICWA cases, providing:
- Strategic advice
- Legal research and briefing
- Co-counsel support in complex litigation
He served as co-counsel in Adoptive Couple v. Baby Girl, a landmark United States Supreme Court decision interpreting ICWA.
Second Parent Adoption
A second parent adoption allows a spouse or partner who is not the biological parent to adopt their partner’s child.
These adoptions are common for LGBTQ families seeking legal certainty for their parental relationship.
Even after the Supreme Court’s decision in Obergefell v. Hodges, adoption remains the most secure way to ensure that:
- Both parents are legally recognized in every state
- The child’s inheritance rights are protected
- No court can challenge the parent-child relationship
Stepparent Adoption
A stepparent adoption allows a spouse to adopt their partner’s child and become a full legal parent.
These cases require both parents to petition the court and often involve additional legal issues, such as:
- Terminating the rights of an absent biological parent
- Obtaining proper consent to adoption
- Completing background checks or home studies
Our firm prepares all required legal filings and appears with you in court to finalize the adoption.
After the adoption is complete, we assist families in obtaining:
- A new birth certificate listing both legal parents
- Guidance regarding Social Security and inheritance rights
