Is this private adoption?

Question

Ok.. This may sound crazy to some of you but others may be able to relate well.. I was at work yesterday talking to a pregnant mother of 3 toddlers. As the conversation continued, she told me that she had a friend who was in the same position but has decided to give her baby up for adoption. She is not working with any adoption agencies or anything. I heard this and just felt compelled to find out more about it. My question is, in a private adoption would they just sign over parental rights or is it much more indepth. Can someone explain the process to me in that situation. I really appreciate it! Thanks!!

Answer 1

My son was adopted through private (also known as independent) adoption.  What happens in a nut shell is this:

1. the mother to be decides to place her child for adoption for whatever reasons she feels is necessary. She identifies an adoptive family of her choice who is willing to adopt the child.

2. Lawyers are arranged to handle the legal paperwork and court filings

3. The adoptive parents and the birthmother will have to sign the usual adoptive paper work such as parental rights termination (the birth father, if known will also have to do this), willingness to adopt the child etc...  there are cases where the child will be placed under the guardianship of the adoptive family until it is fully finalized in court, and it is not unusual to do so.

4. The lawyers will petition the court for a date to go before the judge. At that point the judge will determine if a guardian ad lidem for the child to be adopted is required or not. In alot of cases one will be appointed by the court to represent the best interest of the child in the placement and most definitely will be appointed if there is any biological family of the child (mother or fathers side) contesting the adoption or for unusual circumstances. In my sons case though he'd been living with us since he left the hospital and a social worker had visited us before the court date so the judge was satisfied with those reports and that the child was being cared for appropriately and waived it based on that our circumstances with our son's adoption (that I can't really share because they are personal).

5. The judge will then either set for a hearing or court date for the family.  At the court date you'll either go with your lawyer and go through a hearing before finalizing OR you'll go to finalization.  At finalization you'll stand as the adoptive parent before the judge and testify that you want the child and that you understand what adoption is and what your commitment will be to the child in an adoption. It's done and over once the judge pronounces it finalized.

In all adoptions, even private/independent situations the adoptive family must have a completed homestudy done for the courts, must have a background check done (and sometimes a medical statement or exam will be required as well).   The parent placing the child for adoption will be visited by a social worker and lawyer to determine if they are making the choice willingly and that they do indeed understand what relinquishment means, termination of rights, they will inquire about the father situation etc... so that everyone's interests are represented before the child is officially handed to the adoptive family and anything proceeds.

If it is infant adoption chances are the child will be released from the hospital with the adoptive family, however, depending on what state you are in, the birth mother may be required to actually hand the child to you at going home day. I know that it happened with us and because she didn't even want to see the baby we had to put him in his car seat and cover him with a blanket. She carried the car seat out of the materinity ward and in front of the lawyer, social worker and staff that were there as witnesses hand him to me and my husband.

The child also has to live with the adoptive family at their residence for 6 months before courts will approve to finalize adoption in many states.  How long it takes after that to finalize it depends on the situations involved, if there is a hearing required or not etc.. by the courts. My son's was done and finalized by the time he was 8 months old, but other's could take months to finalize and be over. Ever situation is different in adoption.

On a side note- private adoptions done this way DO NOT require parenting classes for parents. It is considered a private agreement and arrangement between private parties. Parenting classes are only required by foster adoptions and some agencies.  Also keep in mind "juno" or other such movies depicting adoption are also hollywood stories and are not necessarily what is going to happen in every situation like it that is shown.

Answer 2

With private adoption - often times the ap's find bp's on their own through various forms of advertising (Internet adoption sites, networking or newspaper ads to name a few).  Once both parties agree to match - both the ap's and bp's should each have their own adoption attorney.  As another poster said - ap's going privately still need to meet all the state requirements that those through an agency do.  The attorneys would handle all the termination of rights when the baby is born just as the agency would.

The movie Juno depicts a private adoption.

Answer 3

The ONLY difference between an agency adoption and a private adoption is the "Placement/matching of a child"

The LAW dictates what is required to adopt a child. A couple adopting privately still has to do the homestudy, adoption classes, background check, financial study. EVERTHING anyone else needs to do other than wait for an agency to find then a child or pay that huge placement fee.

Parents placing privately still need a "birth parent assesment" where they are informed of their options and rights. In my state bothj parents are now required to relinquish in front of a magistrate. This decision was following the Allison Quets case. I fully support this procedure.

Most of what needs to be done is done by an adoption agency. An attorney is needed to handle the legal aspects.

Answer 4

Hi I have learned allot over the years. We are a family wanting to adopt.  So I thought I would try and answer your question. If you are in the same state. You still have to have a Home Study. That is where a licensed social worker. Comes to your house and looks over your home. They ask you some questions. They write up a Paper called a Home Study. You need a lawyer or a adoption agency. Then You have to have a lawyer for the Birth mom also. Then the two have papers signed and the Birth mom has to have three hours of counseling to help her with her decision. Then it will proceed. Then the Birth parents will relinquish rights. Then you take home the child and wait for the termination of rights hearing. Each state is different on what that time frame is. Hope this helps you. only1epy

Answer 5

Yes it is termed a private adoption but please get legal advice before you sign anything and still have everything in writing and signed in front of witnesses as my sister thought she was doing her friend a favor taking on her unwanted baby until the friend decided that she wanted to get the welfare for that child. Both parents have to sign the documents.