“Independent adoption” is often used as a synonym for “private adoption.” It means an adoption arranged primarily between the birth parents and the adoptive parents, without an adoption agency.
But the term can give people a false impression. An independent adoption doesn’t mean you have to go it on your own, that you don’t need an adoption lawyer, or that you have more flexibility than when you work with adoption professionals.
Adoption is a legal process. However independent-minded you may be, you’ll have problems if you don’t follow the law. Heimer Law is here to help you through the adoption process, whether you choose independent adoption, private adoption, or agency adoption.
What is an independent adoption?
An independent adoption is one in which a would-be adoptive parent finds a child who needs a home. Instead of going through an adoption agency with its matching services, an independent adoption involves self-matching. That is, the prospective parents know the child they want to adopt, or an expectant mom who wants them to adopt her child.
Whether it’s a friend of the family, someone from church or school, or a relative, you already know the child or the expectant mother. You and the child’s birth parents are agreed that you will be the legal parent of the child. It’s just a matter of making the decision official.
What can go wrong?
First, it’s surprisingly easy to break the law. Each state has its own adoption laws, and if you and the child live in different states, there are additional laws for interstate adoptions. Without thorough knowledge of the laws, you might find yourself crossing lines. These errors can mean that your adoption is not legal or not finalized, that ethical questions find you unprepared, or even that you are accused of buying a child, which is a felony. Ignorance of the law will not shield you from the consequences.
For another thing, you may find that you have made agreements that can’t be enforced. For example, you may have an open adoption plan. Without the legal support you — and the birth mother — need, you may find that some parties change their minds over time and you have no legal recourse. Another example would be a case in which you didn’t realize that you needed to get the consent of the birth father. In Arkansas, failure to get consent or at least notify the father can invalidate your adoption. A “gentleman’s agreement” — even with complete sincerity on both sides — doesn’t always work as smoothly as a legal contract.
A change of heart can always be a possibility. Birth parents may change their minds or adoptive parents can decide not to follow through. These changes of heart can always be devastating, but they are less likely without the support and counsel adoption professionals provide. Even when no parties change their minds, the emotional roller coaster that is the adoption journey can be hard on people who don’t receive the support they need. Your adoption professional provides that support. Without it, the entire process can be more difficult.
Finally, there are also the rare cases of adoption fraud. When the expectant mom is not a friend or relative, but someone you found through social media or advertising, it’s possible that you might be targeted by a scammer. In adoption scams, people may pose as expectant parents wanting to arrange an adoption, but then use the situation to extort money from would-be adoptive parents. There have been cases in which there was no baby, or in which a single baby was promised to a number of different couples. Fortunately, this is rare, but working with adoption professionals protects you against the possibility.
Contact Heimer Law to learn how to make sure that your independent adoption is fully legal and correctly completed.
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