Does a consenting parent need to be represented by a lawyer?
New York does not require an attorney to represent a consenting or surrendering parent. However, the court does authorize the appointment of a lawyer at public expense for any parent who signs a judicial consent or surrender. From a practical standpoint, it is extremely unwise to have a birth parent sign termination documents without the assistance of a lawyer. A competent lawyer will be able to answer the questions of the birth parent, explain the legal requirements and suggest possible revisions to the paperwork. Further, the decision not to have a lawyer for the birth parent opens up the possibility that the birth parent could later claim that s/he was misled or did not understand the paperwork, leading to needless litigation. Adopting families should be advised that although the law allows them to pay for the legal services of the birth parent’s attorney, that attorney owes the birth parent an undivided loyalty. If the birth mother or birth father decides not to go through with the
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