Legal Issues of Independent Adoption
National Adoption Information Clearinghouse publishes this as a service to the adoption community, but it can never serve as a replacement for legal advice from a licensed attorney practicing in the field of adoption in the State(s) where both the potential adoptive parent(s) and the child(ren) to be adopted reside. We also cannot guarantee accuracy; changes in State law may have occurred since the research was conducted.
If you are interested in adopting a child, what should you know about adoption laws? In particular, what should you know about the laws affecting independent adoptions, given the extraordinary media attention that contested adoption cases have received in recent years? The Baby Jessica case in Michigan and Iowa, the Baby Richard case in Illinois, and the Baby Pete case in Vermont are three cases of national prominence that shook the confidence of many prospective adoptive parents. These cases all involved birthfathers who took an interest in their children after they had been placed for adoption by their birthmothers, thereby bringing the issue of birthfathers' legal rights to the forefront.
This factsheet examines the issue of birthfathers' legal rights and the changes in adoption laws that are beginning to take place, partially as a result of the three controversial cases. Also, it presents legal issues of agency adoption and compares them with those of independent adoption. In addition, it lists other helpful information available from the National Adoption Information Clearinghouse (NAIC) related to legal issues.
The role of birthfathers in adoption proceedings is changing. In the past, birthfathers often did not participate in making adoption plans. Typically, if a man's partner became pregnant and decided on adoption, the child was placed for adoption without his agreement. Now, more men are taking an interest in their nonmarital children. Some want to raise the child, either alone or with their extended family, even if the mother does not want to. Others decide to marry the birthmother and raise the child together. Some men participate fully in the adoption plan, providing complete medical and genetic background information, and enthusiastically take part in a fully disclosed adoption in which they have ongoing contact with the child. Other men do not necessarily want to raise the child or participate in an open adoption, but they do want to have input on the decisions that affect their child. This increased role of birthfathers affects both agency and independent adoptions. In light of the cases that have come to national prominence in the last few years, agency social workers and attorneys as well as attorneys arranging independent adoptions are moving more cautiously when dealing with all parties in adoption proceedings.
