Pact, An Adoption Alliance - Independent Adoption Process

Independent Adoption Process - California

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 in many states. 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. Non-identifying information must be exchanged between birth and adoptive parents. This interaction, although it may be assisted by outside parties, must be directed by the principals. At this stage, the birth parents may meet with an Adoption Service Provider (ASP), licensed by the state of California, to begin the advisory process for the adoption.
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 from the hospital with them. 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. A meeting with the ASP takes place at the hospital or shortly thereafter (at least 10 days must have passed since the first advisory meeting) for the signing of the placement agreement document. This document must be signed by at least one birth parent and by the adoptive parents. This document later becomes the adoption consent.
After Birth: After the adoption placement agreement has been filed with the state by the ASP, the adoptive parents will be contacted by the state social worker to begin the home study process. Once the adoption placement agreement has been signed, the birth parents have 30 days during which they may change their minds regarding the adoption plan. On day 31, the adoption placement agreement becomes irrevocable. The birth parents can waive their right to the 30 day period by contacting the California Department of Social Services and signing a waiver making the placement agreement irrevocable. This can be done as early as 10 days after the placement agreement has been signed.

Two home visits by a licensed social worker from the state of California, Department of Social Services 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.