California Private Adoption Overview
When adopting a child, prospective parents have the option of privately adopting a child from the child’s birth parents. Here’s what you need to know about private adoption in California.
In California, parents who wish to adopt a child may do so via private adoption, which means they adopt the child directly from the birth parents. This is in contrast to an agency adoption, where the child is placed in an adoption agency that screens and selects adoptive parents. While private adoptions still require the involvement of professionals, there is generally less bureaucracy involved, and as such is more flexible. However, adoption agencies provide more support in the process than can usually be found in a private adoption.
Independent Adoption in California
There are three types of adoptions in California: independent adoptions, agency adoptions, and international adoptions. When adopting from a different country, the prospective parent(s) must follow the international adoption procedure. When adopting domestically, prospective parents in California may choose between adopting independently or via an agency. In an agency adoption, the birth parents give their child to an adoption agency and relinquish their parental rights. The agency then places the child for adoption and selects the adoptive parents based on their applications.
In an independent (also known as private) adoption, there is no agency involved. The birth parent(s) meet with the prospective parents, and they make an agreement to move forward with the adoption. This allows for the birth parent(s) to personally select who the child’s next parent(s) will be, rather than trusting an adoption agency to make the decision.
Of course, an independent adoption is more complicated than simply making an agreement to transfer the child to the new parents. First, the adoptive parent(s) must contact the California Department of Social Services to arrange a meeting between an Adoption Service Provider and the birth parent(s). After going over procedures, the child can be placed with the adoptive family, and then the birth parent(s) and adoptive parent(s) must sign an Adoption Placement Agreement. This grants the birth parent(s) 30 days in which to change their minds.
With the agreement signed, the adoptive parent(s) must file a Petition for Adoption (Form Adopt-200) with their county’s Superior Court. They will respond with a letter with further instructions. This includes Home Study, which is when a licensed social worker comes to the house to visit with the adoptive parent(s) and the child. After the Home Study is completed, the social worker will either recommend that the judge approve or disapprove the petition. There will then be a hearing in which the judge will sign the Order of Adoption if they approve.
Related: How to Adopt a Child in California
Benefits and Disadvantages
While private adoptions and agency adoptions are both effective in their ultimate goal of placing a child with new parents, there are benefits to private adoptions. First, due to a new law, the birth parent(s) can retain their parental rights if they wish if they pursue private adoption. This is not possible in an agency adoption in which the birth parent(s) are required to relinquish their parental rights. As such, the birth parent(s) may be more inclined to pursue private adoption if they want to maintain a relationship with their child.
Another benefit to private adoption is flexibility. Because adoption agencies can have stringent restrictions and can be slow due to bureaucracy, it may take longer for adoptive parent(s) to get matched with a child. In contrast, beyond requirements that the adoptive parent(s) be at least 10 years older than the child and have no child abuse-related convictions, the only requirement for private adoptions is that the birth parent(s) agree to move forward with the adoption. As such, private adoptions can provide a speedier adoption process – from meeting the child to filing the appropriate paperwork.
There is also the benefit of face-to-face interaction between the adoptive and birth parent(s). This interaction can allow for the creation of a more positive dynamic that will go on to benefit both parties as well as the child. This type of dynamic generally cannot be created in an agency adoption.
In comparison to agency adoption, private adoption has the disadvantage of not including as much training. Agencies can provide many hours of individual training for adoptive parents that would be harder to obtain in a private adoption.
In addition, agency adoptions provide parents with more access to social workers. While private adoptions require Home Studies in which a social worker visits the adoptive parents and the child, there are no other built-in interactions with social workers. Meanwhile, adoption agencies have many social workers who are available to provide counseling and support during the process.
Therefore, there are both upsides and downsides to private adoption in comparison to agency adoption. Whether or not private adoption is right for an individual or a couple depends on their particular circumstances. If concerned about the legal aspect of adoption, contact Her Lawyer to be put in contact with an attorney who has expertise in adoption.
FAQs
What is private adoption?
Private adoption is a type of adoption where the birth parent(s) and adoptive parent(s) make an agreement to move forward with the adoption. Therefore, there is no agency involved.
What are the benefits of private adoption?
Private adoption allows for the birth parent(s) and adoptive parent(s) to develop a personal relationship that can create a positive dynamic and allow the birth parent(s) to ensure that the new parent(s) are fit to adopt their child. In addition, private adoption allows for greater flexibility as well as speed. Finally, private adoption in California allows for the birth parent(s) to retain their parental rights if they wish.
What are the downsides of private adoption?
Agency adoptions provide more counseling and training to adoptive parent(s) than is provided during private adoptions. In addition, agency adoptions provide the parent(s) with more resources, such as access to social workers.
Should I do a private adoption or an agency adoption?
It depends on your particular situation and whether or not you are the birth parent or adoptive parent. There are advantages and disadvantages to both. For example, if building a relationship with the birth parent(s) is extremely important to you, then you would want to pursue private adoption. If you would like more anonymity, then agency adoption would be better.
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If you have any more questions on private adoption in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!