Using an Adoption Agency
An adoption agency can help prospective parents with a wide range of services. It can help find the child's biological parents and organize and file the adoption paperwork.
There are many benefits to choosing an agency to help with your adoption journey. Agencies are skilled at matching children to families. They are also familiar with the legal issues that tend to come up. Adoption agencies also can help with home inspections, obtaining consent from birth parents, and helping parents understand state laws that cover adoptions.
This article provides a general overview of agency adoptions (versus independent adoptions) and the advantages of using an adoption agency.
Private and Public Adoption Agencies
There are two categories of adoption agencies: private and public. Each has its advantages and disadvantages. Carefully review your options when deciding which type to choose.
Private Adoption Agencies
A private, licensed adoption agency can assist the birth mother, the birth family, and the adoptive parents throughout the adoption process. Private adoption agencies have many functions, including:
- Helping birth parents find adoptive families
- Preparing legal paperwork
- Facilitating agreements
- Organizing adoption payments
- Settling birth mother expenses (the money you receive to cover the costs incurred during your pregnancy)
One of the main benefits of a private adoption agency is that it will provide extensive counseling for adoptive parents, biological parents, and children. Counseling aids in smoothing the transition to a new family and protects the adoptive parent later in the process. Biological parents who don't have counseling are less likely to sign the necessary paperwork to finalize the process.
But there are also disadvantages to private agencies. They're often very selective when it comes to the parents with whom they work. Also, private agencies tend to handle fewer infant adoptions. They use many screening factors to choose adoptive parents, such as:
- Marital status
- Sexual orientation
- Personal history
- Family size
Public Adoption Agencies
Public adoption agencies finalize foster care adoptions.
Children available through public agencies come from the foster care system. They often have different backgrounds from those available through a private agency. For example, many of the children are older. They are also more likely to have spent their lives in group homes and foster families. They may have special needs from early childhood exposure to abuse and trauma. The likelihood that the child was born to or raised by a drug-addicted parent is also higher.
Public agencies offer fewer amenities. Public agencies often don't have the resources to provide services, such as counseling, that help smooth the adoption process. As a result, they charge much less than private agencies.
Agency Adoption Expenses
If you choose a private agency for your adoption, you can expect to pay a high premium for its services. For example, if you've matched with a birth parent through the agency, you may end up paying for the medical and living expenses incurred by that person before the child is born.
The fee structure determines how much a private agency will charge for adoption. Some agencies charge a flat fee for each adoption. This fee can vary, depending on the age of the child. According to some sources, adoption through a private agency can cost anywhere between $30,000 and $60,000. If you choose to go through a public, state-funded agency for your adoption, you probably won't have to pay any fees.
Aside from adoption agency fees, remember that you may have to hire an attorney to prepare the adoption paperwork, handle adoption-related legal issues, and appear in court for the adoption proceedings. Paying an attorney can cost anywhere between $50 and $500 an hour.
Adoption help in the form of state and federal tax credits, grants, and employer subsidies is available.
Waiting Period and Agency Adoptions
Some agencies have a waiting period before a child can go to their adoptive parents' home. The child may also go into foster care during this period, depending on state law.
Many adoptive parents don't want their child to go into foster care and often opt for a "legal risk placement." This is where the child is placed in the new home despite not having all the necessary consents in place. But this can be risky. For example, if a birth parent decides not to consent to the adoption, the child will leave the adoptive home.
Upon the finalization of the adoption, the parental rights of the birth parents are terminated, and you become the child's parent.
Finding the Right Adoption Agency
There are thousands of adoption agencies to choose from across the United States. A good place to start when searching for an agency is the Child Welfare Information Gateway.
Another good place for information about an agency is the placement agency's website. The adoption agency's website can tell you a lot about its adoption programs. The websites often:
- Provide the agency's history
- Explain criteria for adoption eligibility
- Explain the type of adoptions it handles
- List the adoption services the agency provides, including post-adoption services
- Provide a list of the countries for which it handles adoptions. Hague Convention adoptive placement agencies must provide adoption costs upfront. Most of them provide this information via their websites.
Check out the agency's reputation. You can read internet boards or blogs on adoption to see which agencies adoptive and foster parents recommend. Of course, if you know anyone who adopted through a specific agency, talking with them about their experience is a good idea.
If you've found an agency you think might work for you, check its accreditation. You can check your state licensing department for adoption agencies to make sure the adoption agency's license is current and under no conditions.
There are many U.S. adoption agencies specializing in international adoptions. Agencies that specialize in international adoptions will know the relevant U.S. immigration laws as well as foreign nation adoption laws.
According to U.S. immigration law, parents seeking to adopt from another nation must be at least 25 years old. Parents can be single or married.
Also, parents seeking to adopt must file an Orphan Petition form with the U.S. Citizen and Immigration Service (USCIS) to show that the child's parents have died, disappeared, or abandoned the child or that the one remaining parent can't care for the child and consents to the adoption.
In addition to the Orphan Petition, you'll need to submit a favorable home study report from the adoption agency. If the USCIS approves your petition (and there are no other factors), you can get an immigration visa for the child. One of the advantages of international adoption is that much of the required paperwork can be completed even before you've matched with a child.
Children available for international adoption have special needs. It is almost impossible to adopt a 100% healthy child from overseas. Disabilities are the norm. Developmental issues are common because of the time spent in an orphanage and the lack of access to support for their special needs.
Finally, state law can affect international adoption. Home studies must comply with state law. In addition, some nations require that adoptions be finalized in the U.S. This re-adoption takes place in state court. An agency or an adoption attorney can help you. Even if re-adoption isn't required, many adoption agencies and adoption attorneys recommend that parents who adopt from another nation also adopt under state laws when the child enters the state. By doing so, the child will get a birth certificate that is in English.
A home study is required for most adoptions. Whether public or private, domestic adoptions and international adoptions require a home study. It must comply with state law. A home study means that an adoption agency or a social worker has reviewed the prospective adoptive parents and their home for suitability to adopt. The process usually involves:
- Interviewing prospective adoptive families
- Talking to household and family members
- Reviewing the parents' home for appropriate safety precautions
- Checking family and friend referrals
- Conducting background checks. Background checks typically include a look at the adoptive parents' criminal history, income, and mental and physical health
The home study concludes with a written report from the caseworker that includes the caseworker's recommendation of the children you can adopt. For example, the social worker might approve you to adopt one child under age 5. In another instance, the caseworker might approve an adoption plan allowing you to adopt two children younger than 12.
Ensure your home meets required safety standards, such as a functioning smoke detector and a fire extinguisher. Most states require that medications and cleaning supplies be in a secure place. Child-proofing measures such as electrical socket covers should be in place.
You can prepare for a home study by gathering the necessary documents. Make copies of your driver's license, Social Security card, birth certificate, marriage certificate, divorce decree, and financial statements.
The Interstate Compact on the Placement of Children (ICPC) is a legal agreement that regulates adoption in the United States. Interstate adoptions must meet ICPC requirements. ICPC is an agreement among the states that children who are adopted across state lines for foster care or adoption must receive adequate protection and support services.
One of the ICPC's requirements is that adoptive parents stay in the adoptive child's home state until clearance has been obtained. Each state involved in the adoption must approve the ICPC paperwork and adoption placement before the child can be taken out of the sending state to the adoptive family's home. Leaving the child's home state before obtaining clearance could jeopardize the adoption.
An adoption professional, such as an adoption agency or an adoption attorney, can make sure that you've met the ICPC requirements for your adoption.
Some agencies provide post-adoption support. Such support can be invaluable in handling issues that arise after the child has been placed in the home. Support services can include:
- Education resources
- Respite care (temporary childcare aimed at providing the regular caregiver with a break from parental responsibilities)
- Support groups
Post-adoption services are available through a state's social and human services agencies. For example, post-adoption services in Maryland are available for children adopted through a public agency or a licensed private agency. Post-adoption services are also available for their adoptive families. Maryland's Department of Human Resources Social Services Administration offers post-adoption assistance through its local offices.
Get Professional Legal Help with Your Agency Adoption
Using an adoption agency instead of going through the process on your own can ensure that all the correct paperwork, consents, and other legal and administrative requirements are met. But in most cases, particularly if you go through a public agency, it's very helpful to have an attorney on your side. Find an experienced adoption law attorney near you today.
Learn more about adoption law on our adoption attorney legal answers page.
Can I Solve This on My Own or Do I Need an Attorney?
- It is a good idea to have an attorney for complex adoptions
- An attorney can ensure you meet all legal requirements and that your adoption is finalized appropriately
- An attorney can help protect the best interests of adoptive children, adoptive families, and birth parents
- For simple adoptions, you may be able to do the paperwork on your own or by using an agency
Get tailored advice at any point in the adoption process. Many attorneys offer free consultations.
Don't Forget About Estate Planning
Adopting a child is an ideal time to create or change your estate planning forms. Take the time to add new beneficiaries to your will and name a guardian for any minor children. Consider creating a financial power of attorney so your agent can pay bills and make sure your children are provided for. A health care directive explains your health care decisions and takes the decision-making burden off your children when they become adults.