Legal Definitions - private adoption

Private adoption refers to a legal process where individuals or couples adopt a child directly from the birth parents, often with the assistance of an attorney or a private adoption agency, rather than through the public child welfare system. In this type of adoption, the birth parents typically play a role in selecting the adoptive parents and voluntarily agree to the adoption terms.

• Example 1: Infant Adoption via a Private Agency
  A couple, Sarah and Tom, have been trying to adopt an infant. They register with a licensed private adoption agency that specializes in connecting birth parents with prospective adoptive families. The agency facilitates their meeting with a pregnant woman who has decided to place her baby for adoption. After the child's birth, and following all legal waiting periods and counseling, the birth mother voluntarily signs the necessary documents, and Sarah and Tom become the child's legal parents. This is a private adoption because it was arranged and completed through a private agency, not through the state's foster care or child welfare system.

• Example 2: Direct Placement Facilitated by an Attorney
  Maria, a single mother, realizes she is unable to provide the stable environment her five-year-old son, Leo, needs. She decides to place Leo for adoption with a family she trusts. She hires an independent adoption attorney to guide her through the legal process of identifying and vetting a suitable adoptive family and to prepare all the necessary paperwork for the voluntary relinquishment of her parental rights and the transfer of custody to the adoptive parents. This is a private adoption because Maria directly chose the adoptive family and used a private attorney to manage the legal transfer, without the involvement of a public child protective services agency.

• Example 3: Known Adoption Between Acquaintances
  The Johnsons, who have struggled with infertility, learn that their close friends, the Millers, are expecting a baby but are not in a position to raise another child due to unforeseen financial hardship. The Millers approach the Johnsons and ask if they would be willing to adopt their newborn. Both families agree and hire separate attorneys to ensure the adoption is legally sound, covering all aspects from the birth parents' consent to the finalization of the adoption in court. This scenario exemplifies a private adoption because the birth parents directly chose the adoptive parents, and the process was facilitated by private legal counsel rather than a government agency.