EASTON, Md. --  As an adoption attorney in Washington, D.C., as well as adoptive parent, Mark T. McDermott knows a thing or two about the legal issues that surround adoption.

He’s a member of the Board of Families for Private Adoption.  McDermott is also past president of the American Academy of Adoption Attorneys, an organization with more than 330 attorneys from the United States and Canada.  McDermott currently serves as the Academy's legislative chairman, which is in the process of advocating for a national putative father registry and for the adoption expense tax credit to be made permanent.

Mark T. McDermott

The Red Thread asked McDermott about his own background and why he is convinced that every adoptive family should seek legal assistance.  McDermott also identifies key issues that prospective parents should have on their radar.

 When and how did you first begin working as an adoption attorney?

I began working as an adoption attorney in 1985. My interest was precipitated by my personal experience. My wife and I went through infertility treatments for several years without success. We then decided to adopt a child. We brought our daughter home from the hospital a few days after her birth, and then found out my wife was pregnant. Our son was born to us 8 months later. It seems that many adoption attorneys are adoptive parents. An informal survey of the members of my group, the American Academy of Adoption Attorneys, revealed that 75% of them are adoptive parents.

Isn’t it true that not every adoptive family needs an attorney. Can you discuss which types of adoptions require an attorney and those that while they may not require one may benefit from engaging one on their behalf?

Unfortunately, some adoptive parents attempt to do adoptions without representation by an attorney. Since adoption is a legal matter, and probably the most important legal endeavor in which one can engage, it is important to always have independent legal advice. This is true regardless of which type of adoption is involved. In an agency adoption for example, the agency will have an attorney who will represent the interests of the agency. That attorney cannot ethically give legal guidance to either the adoptive parents or the birth parents. This example shows why it is important for the birth parents to have independent legal advice also, regardless of the type of adoption that is being pursued

Have there been any major changes or shifts in trends in the past couple of years that are notable?

The most notable change in the last few years has been an increase in the number of children adopted through the public agency system, i.e. children who have been in foster care. I believe that several factors have contributed to this trend. The Adoption and Safe Families Act of 1997 created a new paradigm that focuses on the best interests of the children rather than the reunification of biologic families at all cost. It has taken a number of years for the effect of this to be realized. Another factor is the decrease in the number of children being adopted from other countries.

The adoption expense tax credit also plays a role by enabling families with lower incomes to afford to adopt. This is especially true with regard to the adoption of children with special needs. No showing of actual expenses is required for families to receive the full tax credit.

Can you advise prospective parents on the best way to do a search for a reputable attorney who specialized in adoptions?

The best way in which to search for a reputable attorney is obtain a reference from someone who has used that attorney for the exact same type of case. This is usually difficult, but not with regard to adoption attorneys. There are adoptive parent groups all over the country whose members are very willing to assist others with such things as sharing their own experiences with attorneys. It is important to know if the person is a member of the American Academy of Adoption Attorneys since membership in the Academy is by invitation only based on an exhaustive investigation of the attorneys experience and reputation.

One you’ve ID’d a lawyer you’re interested in working with, how do you vet them?

Once you have identified a potential attorney using the above approach, it is absolutely essential that you meet with that attorney. You will go through an emotional journey with the attorney you select, and it is important that you have a good rapport with the attorney.

How important is comfort level with an attorney? Although someone is competent he or she may not have the skill set to work closely with family on the inevitable emotional ups and downs. On the other hand, you don’t want to swap out effectiveness in exchange for empathy. How do you balance it?

A prospective adoptive parent should not hire an attorney unless the prospective adoptive parent is completely comfortable with the attorney. There are a sufficient number of experienced adoption attorneys so that a prospective adoptive parent should not have to compromise between competence and likability.

Legislatively speaking, is there anything on the horizon that parents of adopted children or prospective parents should be aware of?

Prospective adoptive parents should advocate that their legislators make the adoption expense tax credit permanent. It is presently scheduled to expire at the end of 2012.

Is there a way for people interested in supporting pro-adoption initiatives to get involved and make an impact on laws either nationally or locally?

It is definitely possible for those interested in adoption legislation to get involved. The issue is non-partisan and most legislators are willing to help with measures that encourage adoption. Those who are interested in supporting pro-adoption initiatives should contact their state and federal legislators to make their views known. It is also very useful to enlist the support of local adoptive support organizations. There is strength in numbers.

Andrea is an adoptive mother and a journalist. She is at work on a book, "The Red Thread," a collection of stories told by families united through adoption. She is also owner of Media Branding International, a public relations/media consulting firm. 

Read more The Red Thread: An Adoptive Family Forum in The Communities at The Washington Times. 

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