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Maryland and D.C. Private Adoption / Independent Adoption
Private adoption Versus Agency Adoptions:
What Is The Difference?
There are two primary types of domestic adoptions in Maryland – independent or private adoptions and agency adoptions through a public adoption agency / foster care agency or a private adoption agency. A private adoption, also known as an independent adoption in Maryland, occurs when the prospective adoptive parents and the birth family locate each other and complete the adoption process privately, usually through attorneys, rather than through an adoption agency. In a private adoption, birth families will relinquish their parental rights enabling the adoptive parents to take custody of the child immediately, instead of an adoption agency taking guardianship of the child for a period of time set by law before the adoptive parents are able to adopt the child. If desired, an independent adoption (private adoption) can provide much more direct contact between the parties, than adoptions completed through adoption agencies. Many adoptive parents and birth mothers prefer such direct contact or openness with each other instead of relying on an adoption agency to facilitate communication.
How do expectant parents considering an adoption Plan match with hopeful adoptive parents?
Maryland law prohibits adoptive parents from paying anyone except a licensed adoption agency to locate potential birth parents willing to place their child for adoption. Because an adoption agency will not be involved to present information about potential adoptive families to expectant parents in a private adoption, both parties must take an active role in locating each other, typically through the use of some form of advertising, adoption photolistings or profile websites, or networking. In a private adoption, adoptive parents typically use written publications such as the newspaper, social media, and internet to try to identify women considering an adoption plan for their child. Communicating their interest in adoption through word of mouth to friends, family, and other acquaintances is also a common method used to connect the parties.
Maryland & D.C. Consent process
Once contact has been made, lawyers will usually step in to represent each party to complete the private adoption process. The attorneys will ensure that their clients understand their legal rights and responsibilities. The attorneys will make sure that all documents, including the exchange of medical and social background information of the birth parents, are obtained in accordance with the law, and will prepare and file all necessary paperwork with the court to finalize the independent adoption. This paperwork includes obtaining consents from the birth parents to the private adoption shortly after the child is born. In Maryland, a birth parent has thirty (30) days after the consent to adoption is signed to revoke the consent for any reason. In D.C., a birth parent's voluntarily given consent is irrevocable.
What if a Parent Doesn't consent or their whereabouts / identity are unknown?
If a birth parent does not sign a consent, the parent may be served with notice allowing the parent an opportunity to object to the adoption. If the whereabouts or identity of a birth parent are unknown, the court may authorize the parent to be served through posting and/or publication in a newspaper. In Maryland, a parent must file a written objection with 30-90 days depending on the location / method of service and in D.C. a parent must appear at a scheduled hearing or file a proper, timely objection. If a parent fails to do so, the adoption may proceed. If a parent does object, the adoption may still be able to proceed depending on the circumstances.
What happens at the hospital?
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In a private infant adoption, the parties' attorneys will also coordinate birth plans with the hospital where the child is to be born. Birth mothers may choose to allow the adoptive parents to be present at the birth and may allow them to see and/or hold the child shortly after the birth. Additionally, arrangements will be made with the hospital to try to have the child discharged directly to the potential adoptive parents upon the birth mother's consent to the private adoption.
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What Other Legal issues or paperwork are required?
Additional legal paperwork for the adoption may include negotiating and drafting post-adoption contact agreements should the parties wish to maintain contact with each other after the adoption is finalized. This is known as an open adoption, whereas a closed adoption involves no contact between the parties. Post-adoption contact agreements may include a provision for the exchange of photographs, written updates about the child, or even for supervised visits on a predetermined basis.
Lawyers will also seek to determine the applicability of the Indian Child Welfare Act (ICWA), which may apply if a parent or their child are members of or eligible for membership in an Indian tribe. If it applies, the adoption may still be able to proceed; however, you will need competent counsel to ensure compliance with this federal law.
Finally, if the prospective adoptive parents and a birth parent are from different states, the placement may require compliance with the Interstate Compact on the Placement of Children (ICPC). In most cases, additional paperwork will be required to obtain ICPC approval before a child may be transported to another state for purposes of adoption. It is important that counsel have experience with interstate adoptions to ensure that the adoptive parents are able to return home from the birth state quickly, and to avoid jeopardizing the adoption plan and penalties that could result from a violation.
Lawyers will also seek to determine the applicability of the Indian Child Welfare Act (ICWA), which may apply if a parent or their child are members of or eligible for membership in an Indian tribe. If it applies, the adoption may still be able to proceed; however, you will need competent counsel to ensure compliance with this federal law.
Finally, if the prospective adoptive parents and a birth parent are from different states, the placement may require compliance with the Interstate Compact on the Placement of Children (ICPC). In most cases, additional paperwork will be required to obtain ICPC approval before a child may be transported to another state for purposes of adoption. It is important that counsel have experience with interstate adoptions to ensure that the adoptive parents are able to return home from the birth state quickly, and to avoid jeopardizing the adoption plan and penalties that could result from a violation.
What ADOPTION EXPENSES may be covered by adoptive parents?
Lawyers will oversee the reimbursement of potential medical, counseling, and/or living expenses as allowed by law.
In Maryland, a birth parent may be reimbursed for medical, legal, and counseling expenses related to an adoption. Additionally, a birth mother may be reimbursed for reasonable living expenses for food, clothing, and lodging if a doctor confirms in writing that a birth mother is unable to work or support herself due to medical reasons associated with the pregnancy or birth of the child. Additionally, a birth mother may receive reimbursement for reasonable transportation costs for medical care associated with the pregnancy and/or birth of the child or court appearances associated with the adoption, and reasonable expenses for food and lodging related to a court appearance for the independent adoption.
In the District of Columbia, a birth parent may only receive assistance with medical, legal, and counsel expenses related to a private adoption. Assistance with any other expenses, including living expenses such as housing, clothing and food, are strictly prohibited unless the birth parent is placing through a private, licensed adoption agency.
If the adoption involves an interstate adoption, another state's laws may apply; therefore, it is important to have an experienced adoption attorney representing each party to the adoption who is familiar with the applicable laws.
If you would like more information on private adoption in Maryland or D.C., please contact us today.
In Maryland, a birth parent may be reimbursed for medical, legal, and counseling expenses related to an adoption. Additionally, a birth mother may be reimbursed for reasonable living expenses for food, clothing, and lodging if a doctor confirms in writing that a birth mother is unable to work or support herself due to medical reasons associated with the pregnancy or birth of the child. Additionally, a birth mother may receive reimbursement for reasonable transportation costs for medical care associated with the pregnancy and/or birth of the child or court appearances associated with the adoption, and reasonable expenses for food and lodging related to a court appearance for the independent adoption.
In the District of Columbia, a birth parent may only receive assistance with medical, legal, and counsel expenses related to a private adoption. Assistance with any other expenses, including living expenses such as housing, clothing and food, are strictly prohibited unless the birth parent is placing through a private, licensed adoption agency.
If the adoption involves an interstate adoption, another state's laws may apply; therefore, it is important to have an experienced adoption attorney representing each party to the adoption who is familiar with the applicable laws.
If you would like more information on private adoption in Maryland or D.C., please contact us today.