Pact, An Adoption Alliance - Independent Adoption: Process

Independent Adoption: Process

Definition:

Independent (or private) adoption is a procedure in which the birth parents select the adoptive parents and place the child directly with them. Custody is transferred directly between the parents, rather than through an agency.

The Process:

Pre-Birth: Initial contact is made between the birth parents (or parent) and the potential adoptive parents (or parent) either directly or through an intermediary. Intentions may be discussed, financial assistance for reasonable support may be considered. Prospective adoptive parents may take financial responsibility for counseling and medical care for the birth mother in most states, but there may not be cash payment for the baby as such. At least some non-identifying information must be exchanged between birth and adoptive parents. Although it may be assisted by outside parties, this interaction must be directed by the principals. At this stage, no legal or binding contract can be made.
At Birth: In the presence of the hospital social worker or an attorney, the birth mother may grant permission allowing the adoptive parents to take the baby home with them from the hospital. The birth mother signs papers assigning to the adoptive parents the baby's temporary custody and authorization to make medical decisions for the baby. (This is a direct transfer between birth family and adoptive family.) At this point, the birth parents retain full legal custody of the child and have full rights to take the baby back if they desire. A petition is filed asking the state to permit the adoptive parents to adopt the baby.
After Birth: Any time between five and 45 days after the adoption petition has been filed, the birth parents will be interviewed by the state social worker. If they continue to choose to place the baby for adoption, they will be asked by the social worker to sign the consent forms relinquishing the baby. Once this consent has been signed and the designated time for revocation has passed (which varies from state to state), the legal burden of proof of cause for disruption shifts to the birth parents. This means that if they wanted to get the baby back, the birth parents would have go to the court and would have to prove that reunification is in the child's best interest.

A home study must be conducted with the adoptive family, which must be performed by the licensed agency up to one year prior to placement or immediately after placement. Two home visits to the adoptive family by a licensed social worker are required after placement. The second visit occurs about 5 months after placement. Once the social worker's report has been sent to the court (if possible, within 180 days of the petition's filing, although extensions can be granted by the court), the adoptive parents appear before the judge with the child to be granted permanent legal and financial custody of the child.

Pact's comments on the process: In general, independent adoption works. Disruption occurs from 3-8% of the time and when it does occur, it is generally very soon after birth. If honesty among all participants is established at the beginning, the adoption is more likely to proceed to completion. When the adoptive family and birth family work together in trying to create the best possible situation for the child, the independent process is very effective.