A private adoption is generally handled by an adoption attorney. This type of adoption is also referred to as an independent adoption. Such an opportunity is not always located and arranged by the attorney. Typically, if the attorney facilitates the “finding” aspect of an adoption, it will increase the cost of their services. As a result, private adoption costs are determined case by case.
Adoption laws and regulations vary from state to state. Some states will not allow a private attorney to be involved in the “finding” and “matching” function of an adoption. Instead, an attorney may only participate in the limited role of finalizing the legal part of the process in court once it is clear an adoption will take place.
Most commonly, private adoptions involve infants. However, this is not always the case. If an adoption involves non-infants or siblings, it usually takes place prior to these children being absorbed into the state foster care system, or involvement by Child Protective Services.
As you’ve already been made aware, adoptions can be arranged without the help of an agency. A pregnant woman or expectant parents may make direct initial contact with a potential adoptive parent(s) and/or an attorney. Much of this depends on the state, and the laws they have in place surrounding adoption and its process. Most states allow independent adoption, with significant variations on specific aspects, which you should be aware of. In some states, independent adoption is considered illegal altogether.
If you intend to pursue the independent adoption approach, it is important to retain an experienced attorney with expertise in the field if adoption. They will help to explain in greater detail the adoption laws in your state. Also, it is a good idea to talk with other adoptive parents about their overall experience, and any advice they may have to offer about the process. It may also be beneficial to become familiar with the Interstate Compact on the Placement of Children (ICPC) if adopting a child from another state. Interstate adoptions require adoptive parents to comply with adoption laws of both states. The last thing you want is your adoption challenged because you failed to comply with all relevant adoption laws.
For the most part, independent adoption expenses vary greatly. Customarily, in addition to their own expenses, adopting parents pay for the mother’s legal and medical costs. Furthermore, some states may also require adoptive parents to pay counseling expenses for the birthparents. This is to satisfy the court that both parties are fully aware and comprehend what they are intending to do. Generally, a home study is a compulsory part of the process. For a fee, a certified social worker or a licensed child-placing agency is required to conduct a review as well. With each of these issues that may arise, it is important you are informed about your state adoption laws, and what they permit or prohibit throughout the adoption process.
Each and every independent adoption circumstance is separate and distinct. Going down this road can also be quite costly. Unless the mother has health insurance or is covered by some form of medical assistance, it is common for expenses in an independent adoption to exceed those of private agency. Prospective adoptive parents may also deal with a loss of funds paid out for expenses if a birth mother changes her mind after the child is born, which she is legally entitled to do. It may be a good idea to consider adoption insurance as a way to safeguard against such financial risks and potential economic loss. Under aforementioned scenarios, most insurance underwriters require families to align themselves with pre-approved agencies or attorneys in order to obtain this insurance.
If you are seeking to adopt a child and need legal advice or assistance, contact McDowell Chartered today at 316-269-0746. Located in Kansas, the firm specializes in adoption law and the various issues surrounding the process.