Private Adoption

Adoption of children is the legal process that permanently gives someone parental rights of a child. Adoption can go through the foster care program, private adoption, agency adoption, and independent adoption. Private adoption, agency adoption, and independent adoption are the same type of adoption and are often used interchangeably.

Going through a private adoption means that a prospective parent does not go through the adoption process via the foster care system but usually uses the services of an adoption agency or private attorney to handle everything from finding a child that is suitable for adoption to terminating the parental rights and finalizing the adoption process.

When someone decides to adopt a child, navigating the adoption process can be confusing. There can be benefits and drawbacks to working with each type of adoption. Private adoption can offer more flexibility for prospective adoptive parents. It can also help ensure a good fit between a child in need and loving parents. Consult with an experienced adoption attorney in your area to learn more about this complex area of law.

What Is Independent Adoption/Private Adoption?

Independent adoption (also known as private adoption) is direct. In a private adoption, both the birth parents and adoptive family have the opportunity to learn more about each other before agreeing to the adoption. Depending on the desired level of contact, the adoptive parents can stay informed through the pregnancy and meet the newborn child at the hospital after the child is born.

Independent adoption is generally more flexible than through the state foster care system. There may be fewer requirements in an independent adoption compared to going through the foster care system to adopt a child. Also called an identified option, an independent/private adoption can help the birth mother feel assured that the child will have a bright future in a loving family.

With private adoption, the parents can work with the private adoption agency or private adoption attorney to get approved without having the child go through the foster care system by working directly with the birth parents. For adoptive parents looking for a baby or young child for adoption, private adoption may offer more opportunities.

A drawback to private adoptions is the cost. Private adoption can be much more expensive for prospective parents compared to using a public adoption service by becoming a foster parent. In a private adoption, the adoptive parents may have to pay for the legal costs of adoption, agency fees, medical expenses for the birth mother during pregnancy and the child’s birth, and any travel expenses. However, many of these adoption fees can be offset through adoption tax credits.

Foster Care Adoption/Public Adoption

Public adoption agencies are generally run by the state’s department of social services or child welfare agency, who may not be adoption professionals who work with a specific adoption program but are often state workers who have high caseloads. These public service agencies may require the parents to go through foster care and foster parent programs to be approved for adoption. Foster care approval may be a separate process and can take a lot of time.

After approval, the prospective adoptive parents may have limited options for adoptive children, with most foster children being older children, teenagers, or special needs children such as those with developmental disabilities. However, public adoption is generally a much less expensive way for a family to adopt a child in need. For instance, the foster family may not have to pay for the home study process or for the parental rights to be terminated as the child welfare agency may cover these costs or offer the service for free.

Another potential drawback to becoming a foster parent as a way to adopt a child is it may take quite a bit of time and fostering many children before a child becomes suitable for adoption. Meaning, a foster child may be reunited with their birth family if their birth parents are able to work with social services to address the issues which led to the child being removed from the birth parents’ custody and care.

How Do I Get Started With an Independent Adoption?

The independent adoption process generally involves an adoption attorney or adoption service provider (ASP). An adoption lawyer or ASP will meet with the prospective birth parents to go through the procedures and paperwork to ensure the adoption process follows state adoption laws and is legal, as well as provide support services.

In an independent/private adoption, the birth parents and adoptive parents may sign an adoption placement agreement. However, the agreement may allow the birth mother and birth father to change their minds after the child is born. There is usually a time limit as to when the biological parents can rescind their consent to adoption.

As part of the private adoption process, when going through an adoption agency, the agency will ensure you are eligible to adopt a child. All states, in general, require a prospective parent to meet age requirements, which could include a minimum age difference between the adoptive parent and the adoptee.

When deciding on using a licensed adoption agency, you may want to speak with more than one agency to determine which private adoption agency is the best fit for your needs. The adoption agency can explain the process, the costs of an adoption, and the adoption process.

The adoption process will include completing a home study. Once the home study is completed and approved and a child is identified for adoption, an adoption petition is filed with the court. The court will make sure the process meets state requirements and that the birth parents consent to adoption. A hearing in front of a family court judge will happen in order to finalize the adoption.

Home Study for Adoption

A home study is an investigation by a social worker or qualified individual to evaluate the suitability of the adoptive family and the home. A social worker will meet with the prospective adoptive parents, the child, and any other adults in the home. The investigator will also perform at least one home visit.

As part of the home study process, the social services worker may also require references from friends and family, medical records, employment status verification, income, financial information, and a criminal background check. If the home study final report recommends the judge grant the adoption, the adoptive family may attend a family court hearing with the judge to sign the final adoption order.

The home study is an investigation of the adoptive parents and their home situation to determine whether the family is suitable to adopt a child. A home study involves an interviewer talking to the parents, talking to any other adults in the home, and conducting an in-home visit. Some home studies require parents to participate in training or orientation.

The adoptive family will also have to submit to a criminal background check, detail financial resources, and any history of abuse or violence. The social worker or home study investigator will evaluate the physical, mental, and emotional health of the applicant and family members and determine whether the living conditions are suitable for a child.

Even after adoptive placement with the family, the state may require post-placement home visits to evaluate the adjustment of the adopted child with the family. After monitoring and supervision for about 6 months to a year, the adoption process can be finalized.

How Much Does an Independent Adoption Cost?

An independent adoption may cost about the same as a private adoption. According to the U.S. Department of Health and Human Services (DHHS), the average cost of an independent adoption can range from $15,000 to $40,000. The costs of adoption proceedings depend on several factors, including if it is an international adoption or interstate adoption requiring travel expenses. Adoption expenses include:

• Advertising costs
• Birth mother’s medical expenses
• Legal and court fees
• Home study costs

Some employers offer adoption benefits to help make the process more affordable. Federal tax credits can also help offset some of the adoption expenses. Using IRS Tax Form 8839, qualifying adoption expenses are eligible for a credit based on the income of the adoptive household. For 2021, the maximum adoption credit dollar amount available is $14,440 per child. If you have other questions about the costs of adoption and how to get started, talk to an experienced adoption attorney.

The costs of a private adoption can vary depending on the individual situation, including the state adoption laws, adoption services provided, and medical care for the expectant mother. According to the Children’s Bureau of the DHHS, the average cost of a private adoption agency can range from $20,000 to $45,000. An international adoption can cost even more. Adoption expenses can include:

• Adoption fees
• Attorney fees
• Home study costs
• Adoption agency fees
• Court costs
• Travel expenses while away from home

Some of these fees are eligible for a federal tax credit for qualifying expenses. For 2021, the maximum adoption credit dollar amount available is $14,440 per child. Talk to an experienced adoption attorney for a better idea of how much an adoption may cost and how to get started.

What is an Open Adoption or Closed Adoption?

In some adoption arrangements, the birth mother can remain in contact with the new family and adopted child through correspondence, video chats, regular updates, or even in-person contact. This is known as an open adoption. One of the benefits of these open adoption relationships is that the child has someone to go to if they ever have questions about their birth parents or extended family of origin. Depending on the adoption plan, the family can also go to the birth parents if there are concerns about a medical condition or medical history.

In a closed adoption, the birth parents and adoptive parents do not have contact or communication with one another. The adopted child has no contact with their birth parents or family of origin/biological family. In some instances, the birth parents also sign paperwork stating they do not wish to ever be contacted by their biological child and only consent to the biological child and their adoptive family having certain information—such as the biological parent’s medical history. Closed adoptions are much more common when a child is adopted from foster care.