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Typically, you do not need a lawyer legally, but I think it would be a good idea. It’s a complicated area, it’s a form-driven area, and there’s a lot of potential pitfalls. If you do it incorrectly, it could result in the adoption being set aside a number of years down the road and that would be devastating to have that adoption invalidated by a court. You might have heard about situations like this in the past where courts have, many years after the child is adopted, come back and say, “Well, no. Really the child needs to go back to the birth parents.” And, for instance, if the child is one-year-old at the time of adoption and then needs to go back to someone they don’t know at age five, that could be very traumatic for that child. And that can be avoided if you do things right in the first place, and that’s why I do recommend always having counsel.
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Minnesota family law attorney, Marc Johannsen, explains the advantages of having an attorney to adopt children.