Adoption is the legal transfer of parental rights of a child from the biological parent(s) to adoptive parents. There are many reasons to choose adoption to start or expand a family, including infertility, single-parent household or same-sex partnership.
Regardless of the circumstances, the best way to approach adoption is to first gather as much information as possible. This generally includes learning about the process and the different options and methods for adopting a child.
The next step is to select an adoption agency or possibly a private attorney who specializes in this area of law. Agencies often hold orientations or information sessions for prospective parents at periodic intervals. Those who are just beginning to investigate adoption can gain valuable information from such sessions including the necessary steps, cost and time factors.
After selecting an agency or adoption attorney, the adoption process may progress to a home study. The home study is a comprehensive evaluation of the prospective parent or parents, their home life, attitudes about adoption, childrearing and parenting styles. During the home study process, which can take several months to complete, the prospective parents will have the opportunity to decide on their options for adoption (e.g., international or domestic adoption, age of child).
Once the home study is completed, the adoption personnel will make their recommendations. If the prospective parents are approved, they must wait for a child for placement. After a child is placed with a family, the adoption can be finalized, usually within six months of placement. For international adoptions, other steps may be necessary and additional paperwork is required through the State Department for immigration.
About adoption
Adoption is the legal transfer of parental rights over a child from the birth parent(s) to adoptive parent(s). In 1944, adoptions hit an all-time low of 50,000 and peaked in 1970 at about 175,000, according to the Adoption Institute. Today, the average number of adoptions is around 127,000 adoptions per year in the United States, according to the Centers for Disease Control and Prevention (CDC).
There are more than 1.5 million adopted children in the United States. According to a report from the CDC, the prevalence of adoption increases with the age, education and income level of the prospective parents.
There are many reasons to choose adoption to begin or expand a family. For instance, in the United States there are over 6 million women in their childbearing years with an impaired ability to have children. Approximately 11 percent of infertile couples in the United States pursue adoption as an alternative means of creating a family, according to the CDC. Single-parent households and same-sex partnerships are other common reasons for adoption.
Prior to adoption, some basic factors regarding the process must be considered, including:
International or domestic adoption
Private agency or public agency
Open adoption, semi-open adoption or closed adoption
Prospective parents must typically participate in a home study prior to the adoption. This is a comprehensive evaluation of each person living in the prospective adoptive parents’ home. An adoption home study is typically conducted by a social worker and will focus on a number of factors that can impact raising a child.
Depending on the type of adoption and the state in which a woman lives, certain factors may increase her odds of being approved for adoption. These may include:
Being married and with the partner for a minimum of three years
No more than 40 years older than the child to be adopted
Good health
Infertility
Less than three existing children
Financially stable
Child-friendly house
Ability of an adoptive parent to remain at home with the adopted child for six months after adoption
There is an increasing number of unmarried or homosexual women, either single or in partnerships, being approved as adoptive parents. However, the rules on who may adopt vary from state to state, and some states do not permit unmarried individuals or homosexuals to adopt children.
Once a child is placed with a permanent family, the adoptive parents will need to schedule a physical examination with a pediatrician. Prior to the examination, the adoptive family should attempt to gather as much information about the child’s medical history and family history as is possible. This information will aid the physician in evaluating the child’s health and can provide insight into potential medical problems or conditions. It is recommended that this exam take place three to four weeks after placement to allow the child time to acclimate before subjecting him or her to possible medical tests. Some of the health conditions for which an adoptive child is screened can include:
Fetal alcohol syndrome or the evidence of maternal drug use during pregnancy
Rickets
Syphilis
Thyroid conditions
Tuberculosis
The pediatrician will carefully screen for these and other signs of illness during the examination. It is common for adopted children to be susceptible to colds, minor infections, upset stomachs and diarrhea shortly after their arrival in their new permanent surroundings. At times, these conditions can be caused by an exposure to new types of germs, possibly variables in a new diet or emotional influences.
In addition to minor colds and illnesses, children who are adopted from foreign countries may face other medical challenges. However, many of these complications may be resolved following a short period of adjustment to a new home. For more persistent problems, the adoptive parents should contact an appropriate healthcare professional.
There is certain information that will help make a smoother transition in terms of meeting an adopted child’s medical needs. It is recommended that adoptive parents make an effort to obtain the following information through the agency or attorney:
The birth parents’ ages, ethnic backgrounds, education levels, occupations, heights, weights and current medical conditions or family history of serious illnesses
Medical history of siblings, if available
Lifestyle choices of the birth mother that could affect the health of the child (e.g., the use of alcohol, tobacco, recreational drugs or the presence of any sexually transmitted diseases during pregnancy)
The extent of the birth mother’s prenatal care
Test results from any examinations that took place during pregnancy
Information on any problems that arose during pregnancy, labor or delivery
The weight, length and head circumference of the child at birth, as well as any developmental measurements
Information on any medical problems the child may have experienced
Results from any medical examinations
Information from the child’s caretakers (foster parents, social workers, etc.) that can offer insight into the child’s personality and relationships with others
Knowledge of any physical, sexual or emotional abuse of the child
Adoptions must be finalized in court, regardless of the child’s origin. The process will vary from state to state depending on adoption laws.
Adoption home study
The process of adoption typically begins with a home study or comprehensive evaluation of each person living in the prospective adoptive parents’ home. The home study, which is conducted by a social worker, includes information about the following:
The relationships of all family members
Family interactions
Childhood and life experiences of family members
Living environment
Employment history of the potential parent(s)
Financial outlook of the potential parent(s)
Fees for conducting a home study range from $500 to as much as $3,000 or more. This varies greatly not only from state to state but from agency to agency. Therefore, it is recommended that prospective parents carefully research their options.
A home study is not a microscopic examination of a family’s life. Rather it is a profile that the courts and other professionals involved in placing a child will use to determine if the home is suitable and stable for an adopted child. The regulations for home studies vary from state to state and often include:
An autobiography. This is a brief overview of the prospective parents’ childhood experiences, family relationships, marital relationships, infertility issues (if applicable), perspectives on child discipline, employment status and personal interests. Also included are the significant people in the lives of the applicants and the motivation for the couple or individual wishing to adopt.
Personal interview. The social worker will interview the prospective parents (individually and together) to review information contained in the autobiography. If applicable, the social worker may question the couple about infertility, as well as their expectations for the child and how they plan to integrate the child into the family.
Background checks. Criminal background checks are routinely completed on all prospective parents. A prior felony conviction may prevent an individual or family from adopting a child.
Health status. A physical examination by a qualified physician is usually required, as well as a health history of the prospective parents. A serious health problem that affects life expectancy may not be considered acceptable.
Financial status. The financial well-being of the parents is evaluated to ensure the adopted child will be adequately provided for. Some of the records requested may include annual income, savings, debt and overall net worth.
Character references. These references are provided to offer insight into the parents’ character, personality and reasons for wanting children and to offer a glimpse into the environment in which the child will be placed.
Additional elements may be considered depending on the specific family being evaluated. A post-placement home study may be conducted by a social worker in order to determine how the family is adjusting.
Types and differences of adoption
The process of adoption can at times be lengthy and time-consuming. There are several options that should be considered at the beginning of the process. After deciding to adopt, individuals or couples should select an adoption agency, company or attorney.
An estimated 15,000 adoptions are handled through a public agency in the United States with fees ranging from only the court filing fees to $12,000 or more. This includes the cost of the home study, counseling for birth parent(s) and prospective adoptive parents, medical expenses and foster care if it is needed. These fees are normally divided into payments with no more than two-thirds required before placement of a child in the home.
There is also an option to adopt a “waiting child,” one who may have special needs or an older child in foster care who is difficult to place because of his or her age. The fees for a child that may have physical, mental or behavioral disabilities (or because age, skin color or ethnicity makes it hard to find a home) often range between $1,500 and $3,500. According to the U.S. Department of Health and Human services, the estimates of the number of children in foster care in 2002 exceeded 532,000. Approximately 126,000 of those half a million children were eligible for adoption, but less than half were adopted (about 53,000).
Children can also be adopted through a private agency/adoption attorney as well. Using a private agency is also known as an independent or private adoption. In this scenario, the adoptive parents take an active role in searching for a child. Representing the parents, the attorney will negotiate directly with the birth parent(s) instead of using an agency. This should not be confused with an “adoption facilitator” service, which does not actually locate and place children in adoptive homes.
Some adoptive parents typically choose a lawyer that is a member of the American Academy of Adoption Attorneys, which means they have met certain criteria and standards of ethics, competence and experience. This is an important consideration as not every attorney possesses the expertise and knowledge that is required to professionally handle an independent adoption. Also, when inquiring about the attorney’s experience, prospective parents should make sure that the attorney has handled more than step-parent adoptions. Private agency adoptions are different from public adoption processes and require additional knowledge. Fees for this type of service vary widely – anywhere from $12,000 to more than $35,000.
Adoptions may be domestic or international creating a number of differences. According to the government agency the Child Welfare Information Gateway, more than 18,000 children from other countries were adopted by U.S. families in 2000. Most children who are adopted internationally are younger (less than 5 years old) than children adopted from foster care in the United States. In fact, many international adoptees are infants, compared to just 2 percent of the children adopted from foster care in the United States, according to the Adoption Institute.
It is important for prospective parents to realize that international adoption is considered a private legal matter between the prospective parents and a foreign court operating under that country’s laws and regulations regarding adoption. The U.S. government is not able to intervene on behalf of a private individual (or couple) who wishes to adopt and the governing court. It is recommended that people pursuing this type of option research the laws that relate to adoption for the country in which they wish to adopt.
According to the U.S. Department of Health and Human Services, approximately 127,000 children are adopted each year in the United States. In the past two decades that number has remained fairly steady at between 118,000 and 127,000, according to the agency. Additionally, public agency and international adoptions account for more than half of all adoptions. Fee ranges include domestic public agency (court filing fees of about $150 to $2,500); domestic private agency (fees of $4,000 to more than $30,000) and domestic independent adoption (fees of $8,000 to more than $30,000).
There are three types of adoption:
Open adoption. The adoptive parents and the birth mother have some level of contact with each other. The connection may be as close as the adoptive parents being involved in the actual birth of the child. Or, it may be less involved, such as periodic interaction between all of the involved parties. Open adoption, which is growing more common, allows the birth mother to choose who will adopt her baby and also to negotiate the terms for contact as the child grows.
Semi-open adoption. This type of adoption is more of a middle-of-the-road approach in which some identifying information and background is exchanged, but not actual names of the birth parents or adoptive family.
Closed adoption. Sometimes adoptions are confidential. In such cases, neither the birth parents nor the adoptive parents’ identities are disclosed. Although open adoptions are growing in popularity, many public and private agency adoptions still prohibit contact between the birth parents and the adoptive parents.
Common concerns when considering adoption
There are several factors to consider in the adoption of a child. It is entirely possible for infertile couples to go through periods of mourning over the inability to become pregnant and have a child with a biological connection.
Along those lines, the children who are adopted may mourn the loss of their birth parents. If the lines of communication are kept open in a healthy manner, it can help to diminish the feelings of loss and abandonment sometimes experienced by adopted children. In addition, acceptance of an adopted child’s desire to learn more or possibly seek out his or her birth parents, can allow for some degree of resolution of these feelings of loss.
Some difficulties may occur as the result of poor information at the time of the adoption. This is more common in international adoptions where certain elements may be missing or unreliable. For example, an adoptive parent may not receive accurate medical information about the health of the birthmother or child. The adoptive family may not discover until later that the adopted child has medical problems, such as developmental delays or congenital abnormalities.
Emotional difficulties may result from the manner in which an adoption is handled. If the child is not told about his or her adoption until he or she is older, it can often lead to mistrust, insecurity and even anger on the child’s part. By not disclosing the information and talking about the adoption openly, the child may feel that this information is a secret or is bad, which may lead to negative feelings about being adopted.
Another potential pitfall associated with adoption is the significant amount of financial resources required from the prospective parents. The financial burden of adopting a child should be evaluated carefully before considering the process. With the increase in adoptions, many employers now offer some adoption reimbursement for related expenses, which may range between $2,000 and $10,000.
In addition, there is a $10,000 federal tax credit for adoption for households with incomes under $150,000 and an adjusted credit from those with incomes above $150,000. Additionally, some states offer tax credits for parents who adopt a child from a public adoption agency, and the military provides a one-time $2,000 reimbursement for adoption costs.
Questions for your doctor regarding adoption
Preparing questions in advance can help adoptive parents have more meaningful discussions with their physicians regarding their child’s healthcare. Parents may wish to ask their doctor the following questions about adoption
What kind of medical history and background information should I obtain for the child we adopt?
What medical conditions of the birth parents can most affect the child?
What happens if the child’s medical history is not available?
How soon after the child is placed with us do we need to bring him or her in to see a physician?
Which medical tests should we consider for our adopted child to evaluate his or her current health?
Will a physician be able to tell us if the child has any medical problems or potential long-term health risks?
How do we handle immunizations if the child’s past records are unclear or even unavailable?
What signs might indicate a child is having a difficult time adapting to the adoption?
Are certain medical conditions more common with adopted children?
Can you refer us to support groups for adoptive parents?
Questions for your agency or attorney
Preparing questions in advance can help prospective parents have more meaningful discussions with the adopting agency or adoption attorney. Prospective parents may wish to ask the following questions regarding adoption:
Are you a licensed adoption agency?
How long have you been handling adoptions?
What professional memberships does your agency maintain?
How many children have you placed?
What kind of adoptions have you handled?
Do you handle both domestic and international adoptions?
Which services are provided to us, as well as the potential birth mother before and after the adoption?
What are the estimated costs for your services?
Can you provide us with a list of referrals?
How long of a wait is there for a couple in our situation?
