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Independent Adoption
Independent adoption is also referred to as “non-agency” adoption because it is when birthparents choose to place their children with adoptive parents without the involvement of an agency. Most independent adoptions involve the adoption of a newborn baby. While no comprehensive statistics exist, it is estimated that over 50% of all domestic newborns placed for adoption are through the independent adoption process.
How does the independent adoption process work?
Hopeful adoptive families will often do their own networking (search for and connect with an expectant woman who is considering adoption). There are attorneys and facilitators who can offer this service where it is allowed by state law.
Some states do not allow independent adoptions, and every state has its own laws regarding adoption. If a family wishes to adopt across state lines, they must comply with the laws in both states. This requires the involvement of the Interstate Compact on the Placement of Children (ICPC), a legally binding agreement between states regulating the placement of children across state lines.
In most independent adoptions, the prospective birthmother (and sometimes the birthfather) will choose the parents for their baby. The connection or match between hopeful adoptive families and expectant mothers can be made in many ways – newspapers, the internet, or through a referral from friends/family/doctor, etc.
Expectant mothers can find and connect with families by reviewing their profile, which is generally a 5 to 20 page book that shares information and photos about the family. Profiles can be shared by a hard copy print, video, on the internet through profile websites, or as an advertisement in newspapers and magazines.
Once a connection (match) is made and the baby is born, the prospective birthparents will need to legally relinquish their parental rights with the attorney’s guidance before placing their child with the adoptive parents. Newborns are usually placed with the adoptive parents directly from the hospital, however this depends on state law.
There exists the possibility of the expectant parents changing their mind about making an adoption plan, and decide to parent the child. States require that a prospective birthparent must wait anywhere from 1 to 15 days (depending on state law) after birth before they can legally relinquish their parental rights.
While this doesn’t happen often, birthparents have anywhere from 0 to 180 days to revoke their consent, which is also dependent on state law. After that period of time, there is very little risk.
In most independent adoptions, the birthparent’s medical history and prenatal medical records are known and obtained by the attorney or social worker or facilitator who is working with the hopeful adoptive family.
How long does the independent adoption process take?
The waiting time until a child is placed with a hopeful adoptive family depends on several factors, including:
- Health and risk factors of the child you are considering to adopt.
- How long it takes to find, connect with, and match with an expectant mother.
- How much of your adoption budget you can use toward advertising/networking.
Hopeful adoptive parents will require the services of an adoption attorney. To find an attorney who specializes in adoption, contact the American Academy of Adoption Attorneys, an organization whose members are attorneys who are held to high standards of ethical practice.
Attorneys can provide services (as allowed by state law) such as:
- Preparing and reviewing legal documents
- Filing and obtaining interstate compact approval (if adopting from another state)
- Completing the adoption finalization process (obtaining adoption decree in court)
- Help find resources to complete a homestudy
- Help find resources to provide birthmother support (financial, emotional, etc.)
Additional resources for domestic independent adoption:
