California Independent Adoption

When a adoptive parents and a birthmother or mother establish an agreement, where the adoptive parents become the legal guardian of the child or children, without using an adoption agency, that is known as independent adoption or private adoption.

What is an Independent Adoption?

A private adoption involves arrangements made directly between birthmother and the adopting parents. Because a an agency is not used, all parties have greater control over the process, and the adoption usually is faster and easier. More than half of all domestic adoptions are now done independently.

Agencies have noticed the trend toward independent adoption and have begun to change their policies to be more similar to independent adoption.

Most independent adoptions involve caucasian newborns. Agency adoptions often involve a higher number of minority placements, particularly public, rather than private, agencies.

What is an Open Adoption?

Open adoption means that the birthparents and the adoptive parents know one another during, and many times after, the adoption. Traditional, closed adoptions, where the families are kept apart are becoming fewer and fewer. An open adoption allows the birth mother an opportunity to get acquainted with the adoptive parents and can feel better about placing her baby with them. She can take pride in her active role in personally selecting the adoptive parents.

Adoptive parents also benifit from the openness by becoming aquianted with the birth mother, her background, habits, health, and attitude.

During the adoption procedings, the birth mother and adoptive parents decide how much or how little contact the birthmother will have after the adoption.

Why Independent Adoptions Are Better

Independent adoptions allow both the birth parents and the birth mother to establish a relationship and adoption they want, without the unnecessary bureaucratic interference of an agency.

Birthmothers can select the adoptive parents themselves, rather than relying on an agency to find what the agency feels is a match for them.

The adoption process take less time, and a child can be placed with adoptive parents faster than when using an agency.

In an agency adoption, the birthmother relinquishes custody to the agency, then the agency transfers custody to the adoptive parents. Independent adoptions allow adoptive parents to gain custody immediately.

Expenses

A lawyer will be necessary to complete the adoption. Lawyers fees range from $4000 to $10,000 to manage all aspects of the adoption, including locating a birth mother, verifying her medical background, and handling any legal difficulties.

Most states allow adoptive parents to pay for some of the birth mother's pregnancy-related expenses. Some adoptons involve no birth mother expenses at all if she has medical insurance.

Adoptive Parents

Parents seeking children to adopt are no ordinary parents. They are required to take courses in parenting and child psychology. They have to be CPR certified, and they are subject to a home study.

Home Study

One of the first things prospective parents need to do is get a home study. An independent agency, sometimes a county entity, comes to the adoptive parents' home to ensure that the environment is suitable for children. The adoptive parents are required to be fingerprinted and checked for criminal backgrounds.

Fees for a home study vary from several hundred to thousands, but averages around $1000. In California, a home study can be done after the adoption, but most parents have it done prior to show that they are suitably qualified.

An approved home study can be completed in six to eight weeks if all documents are submitted in a timely manner.

Laws and Pitfalls

Laws vary from state to state regarding advertising, birthmother expenses, and waiting periods for termination of parental rights. Many states have putative father registries. A putative father registry allows a biological father can record his interest in the child. The state then must notify the father of legal proceedings that bear on the well-being of his child.

Only five states do not permit independent adoption: Colorado, Connecticut, Delaware, Massachusetts and North Dakota.

When adopting across state lines, the Interstate Compact on the Placement of Children (ICPC) requires the "sending" state and the "receiving" state to follow necessary prerequisites.

Adoption relationships between the birthparents and the adoptive families can range from "open" to "semi-open" to "traditional".

Accurate medical information is extremely important.Independent medical evaluation prior to an adoption is critical. Reluctance of individuals or agencies to make medical information available is one of the most serious red flags to an adoption.

Legal Timeline

Pre-birth

If the child is born outside of California, the birthmother must sign a 100A form, which is sent to the California Department of Social Services, and a social worker is assigned to the case. The adoptive parents submits home-study forms and meet with their social worker before going to the state where the child will be born.

If the child is born in California, the birthmother must meet with an Adoption Service Provider (ASP) licensed by the state of California to be advised of her rights.

The Child is Born

The birthmother signs the Health Facility Release form (AD22 in CA), and the adoptive parents to take custody of the child. The original AD22 is sent by the hospital or health facility to the State Department of Social Services. The newborn and birthmother usually are released from the hospital at the same time.

Usually Within 48 Hours

The adoption placement agreement is signed by the birth parents and adoptive parents in the presence of the ASP (at lease 10 days must have passed since the birth parents' advisory meeting)¹. This agreement later becomes the adoption consent and is filed with the court as such.

Usually Within 10 Days

The ASP files the adoption placement document with the State of California. A confirmed copy of the document is sent to the State Department of Social Services.

Usually Within 30 Days

Social Services is required to attempt to hold interviews with the adoptive parents for the purpose of completing a home study. If not done previously, the adoptive parents must fill out state home-study forms and meet one time with the state social worker assigned to their case².

91st Day

The birth parents' consent to adoption becomes irrevocable 91 days after the adoption placement agreement was signed, unless the birth parents meet with a California social worker from the Department of Social Services to sign a waiver of the revocation period. Until such a waiver has been signed or until the 90 day period has passed, the birth parents have full right to reclaim the child.

End of 5th Month

Social Services will visit the adoptive family's home to insure the child is developing normally and that the home is safe and secure.

Within 180 days

As long as all parties have completed all necessary paperwork, the final report recommending adoption approval or disapproval, according to the recommendation made by the Department of Social Services, is filed with the court. Adoptive parents must file an accounting report documenting all adoption-related expenses.

First Date Available After 180 Days

The adoptive parents and the child appear before a judge in chambers to finalize the adoption.

¹ After the placement agreement is filed, if the birth father is unavailable to sign consent forms with Social Services, other appropriate documents must be filed with the court to terminate the father's rights. Various procedures may be employed depending on the status and inclination of the birth father.

² In the event that Social Services will oppose the adoption, that Department must immediately file a report rather than allowing the 180 days they are otherwise granted for filing. However, this is an unusual occurrence.

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