What is a private or independent adoption?

A private adoption, also called an independent adoption, or identified adoption, is an adoption in which adoptive parents utilize an attorney rather than an adoption agency to handle an adoption.

This type of adoption is permitted in 46 states; some states however prohibit advertising for birth parents. During an independent adoption, adoptive parents search for birth parents through personal networking, ads in newspapers, or using the web.

Relinquishments are handled by attorneys and given directly to adoptive parents. In an agency adoption the agency receives the relinquishment and then passes it on to the adoptive parents. In private adoptions a lawyer for the adoptive parents will handle the legal documents, arranging payments to birth parents, attaining proof of pregnancy, and finalization. In some states attorneys are also permitted to assist adoptive parents in screening potential birth parents.

Birth father rights should be addressed by your attorney. Adoptive parents are still required to complete a home study that meets their state’s requirements.

Adoptive parents should seek out adoption attorneys with experience and ethical practices. It is considered ethical to have a separate attorney who handles the relinquishment from the birth mother who may bill you for the costs. In cases where birth parents and adoptive parents live in different states an attorney or agency will have to comply with Interstate Compact on the Placement of Children Laws.

Why choose an independent adoption:

Some birth parents prefer to deal with adoptive parents directly and be an active participant in selecting prospective parents. Some birth parents feel that an independent adoption affords them a bit more privacy and it allows them to avoid bureaucracy that they may believe exists in an agency.

Adoptive parents may choose an independent adoption because it allows them to take an active role in finding and choosing birth parents with whom to match. Adoptive parents have complete control of where advertising dollars are spent and may choose independent adoption to avoid high agency fees. For some families it is important to avoid arbitrary standards that some agencies have set, yet others still report a greater sense of openness and ease in independent adoption.

Possible reasons to avoid and independent adoption:

Adoptive parents may wish have counseling for themselves or birth parents included. Agencies allow adoptive parents to pool their resources in seeking birth parents. Couples who are not “tech” savvy may find themselves adrift without the guidance of an agency.

Each year as many independent adoptions are completed as agency adoptions. Wait times will vary on the spread and effectiveness of adoptive parent networking and advertising efforts.

If you choose to pursue an independent adoption you may need to hire a counselor for birthparents based on state law, and you will still have to follow the birthparent relinquishment and home study laws of your state. You can find a state by state listing of relinquishment and advertising laws at www.Adoptive FamiliesMagazine.com.