Legal Definitions - private-placement adoption

Private-placement adoption refers to an adoption process where the birth parents directly choose and place their child with prospective adoptive parents, rather than going through a public child welfare agency or a licensed private adoption agency that takes legal custody of the child before placement. This type of adoption is often facilitated by attorneys or adoption consultants who help navigate the legal requirements and match parties, but the direct relationship and agreement between the birth parents and adoptive parents are central.

Here are some examples illustrating private-placement adoption:

• Example 1: Sarah, who is pregnant and considering adoption, connects with a couple, David and Emily, through an adoption attorney. Sarah meets David and Emily, reviews their profile, and decides they would be the best parents for her child. After the child's birth, Sarah legally consents to the adoption, and David and Emily complete the legal process to become the child's parents. This is a private-placement adoption because Sarah directly chose David and Emily, and the arrangement was facilitated by an attorney, not a traditional adoption agency that would take custody of the child.

• Example 2: Mark and Lisa, who are unable to care for their newborn, decide they want their close friends, Jessica and Tom, to adopt their baby. They work with a lawyer to draft the necessary consent forms and legal documents to transfer parental rights directly to Jessica and Tom. The adoption proceeds through the court system without any involvement from a state child protective services agency or a private adoption agency acting as an intermediary. This exemplifies a private-placement adoption because the birth parents directly selected and placed their child with adoptive parents they knew, managing the process with legal counsel rather than an agency.

• Example 3: A single mother, Maria, realizes she cannot adequately provide for her five-year-old son, Mateo. She reaches out to her cousin, Elena, who has always expressed a desire to adopt. Maria and Elena agree that Elena will adopt Mateo. They consult with an attorney to ensure all legal requirements are met, including Maria's formal relinquishment of parental rights and Elena's petition for adoption. This is a private-placement adoption because Maria directly chose Elena, a family member, to adopt Mateo, and the legal process was handled directly between the parties with legal assistance, bypassing traditional agency placement services.