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Adoption
Adoption is the legal process that creates a parent-child relationship
where one did not previously exist. The law recognizes adopted children as
equivalent to biological offspring insofar as parents have the same
obligation to support adoptive children, and adoptive children have the same
rights of inheritance.
Who Can Adopt?
Married couples can adopt jointly and, while it used to be nearly impossible
for single persons and homosexual couples to adopt, these adoptions are
becoming more and more common. Disabilities, divorce, a history of marital
and personal problems will not automatically disqualify you from adoption.
Although differences exist among state adoption
laws, courts in all states consider the adoptive parents:
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Age(s)
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Financial situation
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Personal stability
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Types of Adoptions
Agency adoptions. The most common way to adopt--the form that's legal in
every state--is to use an adoption agency operated or licensed by the state.
The Pros:
- Monitored and regulated by
government
- Counseling and support
provided by agencies
- Usually less expense
The Cons:
- Long waiting period
- Complicated application and
home study procedures
- Greater possibility of
rejection
Private or independent adoptions. Laws vary among states but every
state except Connecticut, Massachusetts, and Delaware permit
"non-agency" placement, including "direct placement" by
the biological parents with adoptive parents. Another type of private
adoption involves a third party--usually an attorney, physician, or other
type of adoption facilitator--to bring biological and adoptive parents
together.
The Pros:
- Faster
- Less red tape
- Chance to get to know birth
mother, father
- Adoption attorneys must
adhere to standards of Bar association and, if they are members, the
exacting standards of the American
Academy of Adoption Attorneys
The Cons:
- Little or no government
oversight
- No emotional support or
counseling provided as with agencies
- More expensive, and
sometimes much more expensive
- May have to pay birth
mother's medical and living expenses during pregnancy plus legal fees
for both sides and adoption costs
- Arrangements more likely to
fall through
Agency Adoptions
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Select an agency. Look up public agencies in your local Yellow
Pages under "Department of Social Services" or "Department
of Public Welfare." In general, public agencies handle only older
children, sibling groups, or children with special physical or emotional
needs.
For private agencies, check the Yellow Pages under "Adoption
Agencies" or "Social Services," or access the National
Adoption Information Center (NAIC) National
Adoption Directory Online. Private agencies handle both domestic and
intercountry adoptions, with fees ranging from $5,000 to more than $30,000.
Some permit you to pay fees in installments at various points in the
adoption process.
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Application and preplacement inquiry. Many agencies
sponsor orientation sessions about the agency's procedures and available
children. Prospective clients complete an application. Those accepted as
clients pay a registration fee. A preplacement inquiry--also known as a
"home study" or "family assessment"--consists of a
series of interviews, including at least one in the home, to assess the
physical and emotional environment of the family. Social worker questions
delve deeply into finances, health, marital stability, and family
relationships. Most states require physical examinations; some also require
fingerprinting and background checks for felony convictions, domestic
violence, and child abuse.
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Waiting period. Be prepared to wait for at least a year
(but more frequently two to five years) for Caucasian children, and up to a
year for African-American children. Intercountry adoptions may take a year
or more, but the process is more predictable. Once a child is found, final
arrangements may take additional weeks or months.
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Finalize legal procedures. If you haven't done so already, you
should hire an attorney once a child is placed with you. Although required
periods vary with state law, a child usually lives with the adoptive family
for six months before the adoption is finalized. During this time the
agency will provide support services, and a social worker will visit and
write up required reports. After the agency submits a written
recommendation approving the adoption, your attorney can then file it with
the court.
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Private Adoptions
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Locate birth mother. In states where it is legal,
place a classified ad in a local paper or use a national
adoption-advertising consultant. Alternatively, send a description of
yourself and family to pregnancy crisis centers, obstetricians, friends,
and colleagues who might have leads.
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Locate birth father. In recent years, states have recognized a
birth father's right to be involved in the adoption decision. Paternal
consent is required if the father has established paternity, usually by
listing himself on the state's "putative father register" or by
filing a paternity claim within a specified period time. If he doesn't, the
father cannot challenge the termination of his parental rights when the
mother relinquishes the child for adoption.
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Find a facilitator. Facilitators, usually attorneys or
independent agencies, serve as matchmakers between birth mothers and
adoptive families. Another option is "identified adoption"--the
only type of independent adoption allowed in some states--wherein a birth
mother and an adoptive family locate each other and go together to a
licensed adoption agency for home study, counseling, and approval process.
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Pay expenses. Expenses vary but customarily include
their own and the birth mother's legal and medical expenses, a home study
conducted by a certified social worker with a licensed agency. Some states
permit adoptive parents to pay the mother's temporary living or clothing
expenses but, owing to concern over "black-market babies," no
agency or birth mother can accept a fee for finding babies or placing a
child for adoption.
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How Much Do I Need?
Domestic public agencies. Public agencies charge between zero and
$2,500, including attorney fees and travel expenses. Under a federal match
program, most states reimburse non-recurring adoption expenses up to limit
set the state but not exceeding $2,000.
Domestic private agencies. Adoptions through licensed private
agencies range from $4,000 to $30,000, including costs for the adoptive
parent home study and preparation, birth parent counseling, birth expenses,
post-placement supervision until adoption is finalized, and agency overhead.
Some agencies charge according to a sliding scale based on adoptive family
income.
Intercountry
adoptions. Fees for both intercountry private agency and independent
adoptions range from $7,000 to $25,000 for agency fees, preparation of a
dossier on the child, the immigration process, and court costs. In addition,
adoptive parents may also have to pay for child foster care, travel and
in-country visitation, escorting fees when parents do not travel, and the
child's medical care.
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Community: Adoption
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Family Law - Post
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Subject:
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How
long does it take ?
By
Ravi Naray, February 06, 06:46 P.M. EST
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Now
her husband says he is the father of my daughter.
By
Michael Mathis, February 05, 07:18 P.M. EST
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Custody
Change & Child Support
By
G Nagy, February 05, 08:49 A.M. EST
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How
can I get X's name off vehicle I lease?
By
Lee Smith, February 04, 07:32 P.M. EST
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Can
I sue X for not adhering to Divorce settlement?
By
Lee Smith, February 04, 07:21 P.M. EST
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Should
I file for Separation or wait?
By
T. Miller, February 04, 10:27 A.M. EST
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Re:
Should I file for Separation or wait?
By
Roy Abbe, February 09, 01:01 P.M. EST
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Paternity
suit where petitioner asks for pre-natal costs and attorney fees
By
Daniel Yanez, January 30, 02:12 P.M. EST
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emancipation
By
Paul Davis, January 30, 03:56 A.M. EST
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Child
wants to change her name to mothers maiden name
By
Beth West, January 27, 06:58 A.M. EST
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Top Source
Countries for Intercountry Adoptions (1999)
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Russia
China
South Korea
Guatemala
Romania
Other
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4,348
4,101
2,008
1,002
895
4,042
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Immigration
and Naturalization Service
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Learn what legal terms really mean!
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