Although adoption is considered an act of love by the people involved, it is solely a legal action from the perspective of the government. In the process of adoption, a child is permanently placed with a family other than the child's birth parents. The birth parents' parental rights are permanently terminated, and transferred to the adoptive parents. This is a serious action for courts to take, as it deeply influences the lives of several people. There are many steps in the legal process necessary to complete an adoption, and many people involved in making it happen. As a first step in understanding the adoption process, it is a good idea to learn about the different people and formal roles that are involved in making the adoption process.
All adoptions start with birth parents, the biological mother and father of the child. For newborns and infants, the birth parents (or Birth Mother alone if the Birth Father is unable to be located) typically have first choice to parent or place a child for adoption. For older children, the Birth Parents may have already relenquished their parental rights.
Depending on the form of adoption (open, semi-open or closed), Birth Parents may or may not have an ongoing relationship with the adoptive parents and child. Once an adoption has been finalized, however, the Birth Parents will no longer have legal rights to the adopted child (with few exceptions). Though it is often encouraged to maintain a relationship of some degree with Birth Parents for a variety of reasons, adoptive familes are free to exercise their best judgement in the level of that relationship as it relates to the well-being of the child.
Adoptive Parents are typically subject to a fairly intensive vetting process to ensure that they are prepared to and capable of caring for an adoptive child.
In domestic adoptions where they are working with an agency they are typically placed in a pool of qualifed and vetted prospective adoptive families waiting to "match" with a "situation". This is most common in newborn and infant adoptive situations. Some organizations, particularly those working with older and/or foster children, Adoptive Parents may have the opportunity to directly link up with a specific child. In either case, adoptions are always mutual consent, whether that be with birth parents or directly with and adoptive child!
Most adoptions proceed through an adoption agency. Adoption agencies play the part of a broker, bringing together prospective adoptive parent(s) desiring to adopt with birth parents and/or children in need of adoption. Adoptions agencies have fees that may vary greatly depending upon their location and services provided. Fees may include things like agency fees, birth mother expenses and medical care, case worker reimbursements, travel, etc.
Beyond the role of broker, agencies often employ case workers that provide support for birth families prior to adoption. They also act as a point person for communication with adoptive families regarding specific adoption opportunities that are still in process. Agencies will typically coordinate things for adoptive families like home studies, background checks, attorneys, ICPC guidelines, and any other paperwork needs during the process.
Home Study Professionals are typically Licensed Social Workers. They may be referred by an adoption agency or attorney, but can also be retained independently by adoptive families. The purpose of the Home Study is to verify that not only do adoptive families meet all of the technical standards to adopt, but that any adoption would be in the best interest of the child by provided a safe, loving and nurturing home life.
A Home Study is typically one or more visits by the Home Study Proessional to the adoptive parents' home prior to the adoption, and at least one visit post-adoption. The Home Study Professional with conduct interviews, inspect the home itself, and make evaluations of parental fitness in a formal report. While the Home Study Professional's primary role is always to protect the best interests of the child, they can also become an advocate for the adoptive family by answering questions and helping them through the adoption process.
Attorneys are necessary players in adoption proceedings, as they are the only professionals competent to represent adoptive parents before the court that is empowered to make the adoption legal and permanent. Lawyers handle the legal paperwork and court filings that are required in an adoption. Lawyers can also sometimes act to coordinate adoptions instead of an adoption agency. In this role, they may help link adoptive parents with a child needing adoption, just as an adoption agency would.
If you are adopting a child within the same state that you reside, you will likely only need one Adoption Attorney. However, if you adopt from a state that you do not reside in, you will likely need to retain an Attorney in EACH state. The Attorney in the state of the child's birth or residence handles issues relating to the birth parents and ICPC (Interstate Compact on the Placement of Children). The Attorney in your home state will handle the remaining issues related to Adoption Finalization.
No adoption is final until it goes before a the Court,which is empowered by the government to place the final approval on the adoption process. The Judge reviews all paperwork submitted by the lawyers and social workers involved in the adoption process, and makes the final determination as to whether or not the adoption will occur. Completion of this process deems the adoption to be FINALIZED.
