An Independent Adoption Primer

What is independent adoption?

In independent or private adoption, prospective adoptive parents network and/or “advertise” their intent to adopt through classified ads, Internet profiles, medical professionals, school counselors, crisis pregnancy centers, friends and colleagues. They and a pregnant woman (and perhaps, her partner) connect with one another directly or through an adoption attorney or facilitator.

Most private adoptions involve infants (usually Caucasian) and some degree of openness within the adoption. In some states, it’s mandatory to exchange identifying information; in others, non-identifying information must be exchanged.

What is non-identifying information?

When the parties to an adoption e-mail, talk on the phone and/or meet in person, they exchange only first names and regions in which they live. They do not identify their last names or addresses.

What is an adoption facilitator?

An adoption facilitator is an individual who helps “match” birth parents and adoptive parents. In some states, facilitators charge for their services; in other states facilitators are not allowed at all or they are prohibited by law from charging for their services within that state.

What is an adoption attorney?

When looking for an attorney to handle a private adoption, seek an adoption attorney who specializes in independent adoption. If the adoptive and birth parents live in different states, look for an attorney who is familiar with the Interstate Compact on the Placement of Children. To find a competent, professional adoption attorney in your area, visit the American Academy of Adoption Attorneys.

Is independent adoption legal in every state?

*Independent adoption is not legal in all states; Delaware and Kansas prohibit the use of facilitators. 

• States that allow the placement of children through licensed agencies only include (but are not limited to) Connecticut, Delaware, Massachusetts, Minnesota, and Colorado.
• In Kentucky,  Minnesota, Nebraska, and Washington, D.C., the only type of independent adoption allowed is “identified” or “designated” or “directed agency adoption,” in which placing and adopting parents locate one another and then arrange the legal part of the adoption through a licensed adoption agency.
• New York permits independent/private-placement adoption and matches can be made by the participants themselves; an agency is not required.
• Ohio and Oklahoma limit placements to an agency, family member, or attorney.

*Adoption laws within states change periodically; check your state and the state from which you plan to adopt for the latest updates.

Which states allow adoption advertising?

Currently, 32 states allow some form of adoption advertising.

• Alabama and Kentucky prohibit any kind of adoption advertising.
• Utah and Virginia allow limited advertising.
• Twelve states prohibit advertising by anyone other than the State department or a licensed agency: California, Delaware, Idaho, Kansas, Maine, Massachusetts, Montana, Nevada, New Hampshire, North Dakota, Ohio, and Texas.

What is the Interstate Compact on the Placement of Children?

The Compact regulates the legal procedures governing the interstate movement of children among foster care, adoption, residential treatment, or the juvenile justice program.

What is adoption cancellation insurance?

This type of insurance policy provides the policy holders (prospective adoptive parents) with financial reimbursement of certain adoption costs, up to the purchased policy limit, that they have incurred in a covered adoption in which a birth mother changes her mind and decides not to place her child for adoption with the policy holders.

In the next post, we'll discuss the pros and cons of independent adoption.

Sources:

Adoption.com
http://adopting.adoption.com/child/independent-adoptions.html

Adoption.com
http://adopting.adoption.com/child/adoption-facilitators.html

Baby Center
http://www.babycenter.com/refcap/preconception/adopting/1373616.html

Association of Administrators of the Interstate Compact on the Placement of Children http://icpc.aphsa.org/

iVillage
http://parenting.ivillage.com/baby/badoption/0,,69zb,00.html

National Adoption Information Clearinghouse
http://naic.acf.hhs.gov/general/legal/statutes/advertising.cfm

For more information and articles about adoption, please visit my Web site, www.laurachristianson.com or my adoption.com blog, http://christian.adoptionblogs.com/.