Legal Definitions - direct adoption

Direct adoption, often referred to as private adoption or independent adoption, is a process where birth parents directly choose the family who will adopt their child. This type of adoption typically involves the birth parents and the prospective adoptive parents working together, often with the assistance of an attorney or an adoption facilitator, to arrange the adoption without a traditional adoption agency taking legal custody of the child first.

Here are some examples to illustrate direct adoption:

• Example 1: Attorney-Assisted Match

  A pregnant woman, Sarah, decides she wants to place her baby for adoption. She contacts an attorney specializing in adoption law. The attorney presents her with profiles of several prospective adoptive families who have also retained their services. Sarah reviews the profiles, meets with one couple, Mark and Emily, and feels a strong connection with them. She chooses Mark and Emily to adopt her baby directly, and the attorney facilitates the legal process for both parties from that point forward.

  This illustrates direct adoption because Sarah, the birth mother, personally selected Mark and Emily as the adoptive parents, and the adoption was arranged with legal assistance rather than through an agency taking custody of the child.

• Example 2: Family-to-Family Arrangement

  Maria, a single mother, realizes she is unable to provide the stable environment her newborn needs. She has a close friend, Jessica, who has always wanted to adopt but faced challenges with traditional agency processes. Maria approaches Jessica and her husband, David, and asks if they would be willing to adopt her baby. After careful consideration and legal consultation, Jessica and David agree, and they proceed with the adoption directly between the two families, with legal counsel ensuring all state requirements are met.

  This demonstrates direct adoption because the birth mother, Maria, directly chose a specific family (Jessica and David) whom she knew personally to adopt her child, bypassing the need for an agency to match them or take initial custody.

• Example 3: Facilitator-Assisted Connection

  The Johnsons, a couple hoping to adopt, register with an online adoption facilitator service. This service connects them with expectant parents who are considering adoption. They are matched with a couple, Alex and Ben, who are due to have a baby in two months. After several video calls and an in-person meeting, Alex and Ben decide that the Johnsons are the right family for their child. The facilitator helps coordinate the legal and logistical aspects, but the Johnsons and Alex and Ben maintain direct communication and decision-making throughout the process.

  This is an example of direct adoption because the birth parents, Alex and Ben, directly selected the Johnsons as the adoptive parents after reviewing their profile and interacting with them, even though a facilitator helped make the initial connection. The adoption proceeds with the birth parents' direct choice, not through an agency's placement.