Challenges to the Adoption Process

Adoption is a permanent decision. Each adoption goes through an extensive legal process to avoid later difficulties. This is why the adoption process can seem complicated for all parties involved.

This article shares some common challenges families face during the adoption process. This includes birth parent mental health, childhood trauma, adoption costs, putative father legal issues, and more.

Challenges for the Birth Parents

It's important to remember that adoption comes from loss. For example, some birth parents choose to give up their newborn baby in open or private adoptions. They may also relinquish their parental rights through the legal process. This decision can cause the birth parents to experience a range of overwhelming emotions and mental health issues, including numbness, shock, and grief.

Some birth parents don’t choose to relinquish their parental rights. In some circumstances, a court can terminate a birth parent’s parental rights without their consent. This is sometimes called “involuntary relinquishment” and can occur due to child abuse, neglect, substance abuse, incarceration, or other issues. Involuntary relinquishment can add layers of emotional distress for both the birth parents and children.

Mental Health Support

The adoption process can pose severe mental and emotional tolls on the birth parents' well-being. In addition to physically giving up their child, they must cope with relinquishment of their parental rights.

There are support groups and other post-adoption support services to help struggling birth parents. Support groups cater to the unique challenges posed by the adoption process, like feelings of loss. Support groups are part of some adoption services. Birth parents will also need support from friends and family members while they grieve.

Birth Mother's Challenges

Many prospective adoptive parents fear the birth parents will change their minds and petition to reverse the adoption. In many states, birth mothers have the legal right to withdraw their consent to the adoption. In some states, this can happen at any time before the finalization of the adoption.

By law, birth mothers can't consent to an adoption until after the baby is born. However, states like Alabama and North Carolina allow pre-birth consent in certain circumstances. But there are often strict rules regarding consent.

For example, a birth parent proven to have deserted the child may have no legal right to give or revoke consent, depending on the state. The birth parent may contest the adoption and termination at a hearing.

Adopted Children and Trauma

Some adopted children face significant trauma before their adoption. They may have experienced abuse or neglect or witnessed substance abuse or domestic violence. This trauma can lead to emotional and behavioral issues, including:

• Attachment disorders
• Anxiety and depression
• Attention-Deficit/Hyperactivity Disorder (ADHD)
• Self-esteem issues
• Learning disabilities
• Other mental health and behavioral issues

In particular, adopted older children can experience feelings of rejections and immense grief at the loss of their biological family or foster family. They can have difficulty trusting their caregivers and developing healthy relationships.

Early childhood trauma can sometimes resurface during key developmental stages, like adolescence. The impact of the trauma experienced by an adopted child may not appear until months or years after the adoption.

Putative Father's Challenges

Many adoptees are the children of single women who may not know the father's identity. But, birth fathers can exercise their rights to claim their children. This legal issue can be an obstacle in the adoption process. Unwed or "putative" fathers can establish their legal rights thanks to changes in state laws since the 1970s.

Putative fathers must prove their commitment to their children in several ways. These include the following:

• Signing the birth certificate
• Providing child support
• Communicating with the child
• Getting a court order establishing paternity

If the state has a putative fathers registry, they should also submit their names. States vary on what may happen should paternity be established after filing the adoption petition. Court cases involving putative fathers who tried to revoke adoptions have resulted in clarification of state laws. Putative fathers may have the law on their side, but only if they can prove they're concerned for their child's welfare.

Steep Adoption Costs

Adoption can be expensive. While adopting a child through the foster care system (or public adoption) is usually free or a minimal cost, private adoptions and independent adoptions can cost over $40,000. Infant adoptions and international adoptions can cost even more.

Unfortunately, these high costs can prevent potential adoptive parents from pursuing adoption. Some prospective adoptive parents already have financial strain from fertility treatments. Depleting savings or cashing out retirement accounts to cover the costs of these treatments leaves some potential adoptive parents without the means to pursue adoption outside of the foster care system.

One way to recoup some adoption expenses is through the federal adoption tax credit. Adoptive parents can claim a tax credit up to $14,440 per eligible child. This applies to international, domestic private, and foster care adoptions. Stepparent adoptions do not qualify for the tax credit.

Challenges With Transracial Adoptions

The adoption of children by parents of a different race or ethnicity is a topic of significant discussion. Some believe transracial adoptions are beneficial because they encourage cultural understanding and inclusivity. Others have concerns that these adoptions can impact the adopted child’s ability to preserve their cultural and ethnic heritage.

Transracial adoptions can be complex. There are more children from minority backgrounds, including those of mixed race, in need of adoption compared to non-minority children. Prioritizing racial or ethnic matching in adoptions can result in fewer available parents for many children needing permanent homes. For children of mixed heritage, finding an exact racial or ethnic match can be even more challenging.

Transracial adoptions come with unique challenges. But there are ways adoptive parents can navigate cultural identity issues.

First, parents should do more than just learn about the child’s cultural background—it’s critical they engage with it as well. This can include celebrating cultural holidays and traditions relevant to the child’s heritage. In addition, parents should strive to belong to a diverse community including people from the child’s racial or ethnic background.

Federal Adoption Laws

Federal law protects parents and children from discrimination based on race or ethnicity during the adoption process. Under the Multiethnic Placement Act (MEPA) of 1994, adoption agencies receiving federal funds cannot deny or delay a placement based on race or ethnicity.

MEPA doesn't cover children of Native American ancestry. The purpose of the Indian Child Welfare Act of 1978 is to protect Native American children from placements outside their tribe. Parental or tribal consent is necessary for the adoption of Native American children.

The Challenges of Open Adoption

In an open adoption, the biological family has visitation rights with the child and their new family. Maintaining contact with the birth family is beneficial for the child. This arrangement helps the child with identity development and identity formation.

Open adoption is legal if the adoptive and birth parents sign an agreement and the court approves the agreement. States have different rules about open adoption procedures. This issue requires careful consideration by prospective parents.

Open adoptions have other advantages. Children growing up in an open adoption environment may benefit from having open access to their biological family's medical history. They may also have a stronger sense of identity and belonging. An ongoing relationship with their birth family can help reduce feelings of abandonment or confusion.

Still, it’s crucial for all parties to set clear boundaries and expectations. This incudes guidelines for how much involvement and communication best supports the child’s needs. Be open to adjusting boundaries as the child grows—relationships may evolve and needs may change. Adoptive parents and birth parents should respect each other’s privacy and agree on what information they are comfortable sharing with the child.

Searching for Birth Parents

State laws vary on adopted children's access to their biological parents' information. Some adopted children need this information for medical reasons. In open adoptions, birth parents share their information. In closed adoptions, courts seal the adoption records.

Regardless of the type of adoption, the situation raises legal issues for all parties. Adoption agencies and intermediaries—such as adoption attorneys—can answer these questions.

Struggling With an Adoption Issue? Get Legal Help

While there are barriers in the process of adoption, there is also help. Birth parents and prospective adoptive parents should speak to a local adoption attorney. An experienced attorney can help your growing family navigate any adoption legal issues. This can include:

• Understanding how federal and state adoption laws impact your adoption journey
• Securing adoption assistance and subsidies available to you
• Completing complex adoption forms and paperwork
• And more

Talk to an adoption attorney in your area today to learn more.