Legal Definitions - independent adoption

An independent adoption, sometimes referred to as a private adoption, is a process where prospective adoptive parents and birth parents arrange an adoption directly with each other, rather than through a licensed adoption agency. While an agency is not involved in matching the parties or providing counseling services, legal professionals such as attorneys are typically engaged to ensure all legal requirements are met, parental rights are properly terminated, and the adoption is finalized in court. This type of adoption allows for direct communication and agreement between the parties involved.

Here are a few examples to illustrate:

• Example 1: Direct Connection Between Unrelated Parties

  Sarah and Tom have been hoping to adopt for several years. They learn through a mutual acquaintance that Maria, who is pregnant, is looking for a loving family to adopt her baby. Sarah and Tom meet with Maria, and after getting to know each other, they all agree that Sarah and Tom would be the right parents for the child. They then hire an attorney to handle all the necessary paperwork, court filings, and legal procedures to finalize the adoption.

  This is an independent adoption because Sarah and Tom directly connected with Maria, the birth mother, without the involvement of an adoption agency to facilitate the match. Their attorney then managed the legal process to ensure the adoption was legally sound.

• Example 2: Step-Parent Adoption

  David has been married to Emily for five years and has been a loving stepfather to Emily's daughter, Lily, since Lily was a toddler. Lily's biological father has not been involved in her life for many years and agrees to terminate his parental rights so David can legally adopt Lily. David and Emily work with an attorney to prepare and file all the necessary court documents to complete the step-parent adoption.

  This scenario represents an independent adoption because David, the prospective adoptive parent, and Lily's birth father (through agreement with Emily) directly arranged for the adoption without an agency. An attorney was used to manage the legal steps for the termination of parental rights and the subsequent adoption.

• Example 3: Intra-Family Adoption

  After a tragic accident, Aunt Carol and Uncle Mark decide to adopt their niece, eight-year-old Maya, whose parents passed away. Maya's grandparents fully support this decision. Carol and Mark hire an attorney to navigate the legal process of terminating the deceased parents' rights (which is often a formality in such cases) and then filing the petition for adoption in court.

  This is an independent adoption because Carol and Mark, the adoptive parents, directly arranged the adoption within their family, without an adoption agency acting as an intermediary. They relied on legal counsel to ensure the adoption was legally completed.