Private Adoption Process

The first step in the adoption process is to locate a child. This can be done in a variety of ways including word of mouth, newspaper advertisements, family members, and internet advertisements. The time it takes to locate a child can vary.

There are varying procedures for each state but there is generally some type of legal approval process for the state to approve the adoption. This includes a review and approval of the adoptive couple through a home study. The home study will be conducted by a social worker and will determine if a proper home environment exists for the child. It will also examine the other existing relationships in the adoptive home. The cost of the home study will vary.

After a child is located it is necessary to receive consent from the birth mother and the birth father. In most states the birth mother can sign a consent form for the adoption within 48-72 hours after the birth of the child. The birth mother may have the option to revoke her consent in a specified period of time. The time she has varies by state and should be discussed with your family law attorney. Revoking her consent generally requires that she can prove that the adoption occurred through fraud or under duress.

The father must also provide consent for the adoption. If the father is unknown the adoption can still occur but the father if found later he may be able to contest the adoption. A family law attorney can advise you on the specified contesting period for your state. Getting the consent from both parents is very important. Recent cases highlight that if the biological father does not consent and later contests the adoption the courts have generally been preferential to the biological father not the adoptive parents or child.

After the birth of the child and the state has completed its approval process of the adoptive parents, legal custody will go directly to the adoptive parents. At this point your attorney will work with the court system to complete the transfer of parental rights.