CONTACT US

ADOPTION & ART ATTORNEYS IN MARYLAND, DISTRICT OF COLUMBIA & VIRGINIA

ADOPTION & ASSISTED REPRODUCTIVE TECHNOLOGY (ART) ATTORNEYS

    What Is the Difference Between Private Adoption and Agency Adoption?

    3 October 2018

    Whether you’re only just beginning to consider adopting, or you’ve already decided it’s the route you want to take to grow your family, you probably have questions about different types of adoptions. One of these likely concerns the differences between private adoptions and agency adoptions. Here’s a quick summary rundown of the differences in these domestic adoption types.


    Adoptions through an Agency

    Agency adoptions can occur either through a private adoption agency, or a public one. A private agency operates using private funds and should hold a license in the state where it conducts business. Public adoption agencies are branches of their state’s social services program. While private agencies handle international and domestic adoption processes, public agencies generally handle adoptions for children with special needs, older children, and sibling groups. Public agencies specialize in domestic adoption, and do not offer international options. This means that you’ll have to decide what type of adoption you want to pursue before choosing the right agency for your needs. In a private agency adoption, the birth parent(s) consent to the agency having guardianship of the child and the agency places the child with the adoptive family. In a public agency adoption the child is usually removed from the birth parent due to an allegation of abuse or neglect and their parental rights are terminated by the agency prior to placing the child for adoption.


    Choosing an Agency for Adoption

    Local adoption agencies can be found through adoption support groups, recommended by other adoptive parents, or through listings on government websites. Private agencies charge fees that range between $15,000 - $25,000 not including other expenses of the adoption in some cases. Public agencies generally do not charge fees, as they are supported by taxes and other government funding. Adoptive parents who choose a public agency adoption may not have to pay any (or at least, very modest) fees related to the adoption; in many cases, they are expected to pay the court costs of the adoption process. To ensure that you’re not caught off guard by the cost, inquire as to the fees and schedule for paying them before you begin working with an agency.


    Private Adoptions

    Also called “independent adoptions,” private adoptions are those that are arranged by a private party or that the adoptive family found through their own efforts such as advertising or networking, and not through an agency. In general, contact is made between a pregnant woman and the prospective adoptive parents, either personally or through a third party like a friend, program, lawyer or other entity authorized to perform those services. If you choose to pursue a private adoption, it’s important that you engage an adoption attorney to help you understand the laws and processes surrounding adoption prior to beginning the process. Legal in all but a very few states, private adoptions are very popular for families who wish to adopt an infant.


    Choosing a Private Adoption

    Private adoptions are generally initiated by locating a birth mother who is seeking to place her child for adoption. This can be accomplished through advertising in the classified section of local publications, through contact with an intermediary, or by sending your profile to crisis pregnancy centers or local obstetricians; you might even consider posting an advertisement on the internet. Some of these methods are not legal in all states, so it’s important to retain an attorney to ensure you don’t run afoul of the law when seeking a child to adopt.


    Expenses for private adoption, whether a domestic adoption or an international one, can vary greatly. As with an agency adoption, it’s important to discuss the costs before agreeing to work with an attorney or other adoption facilitator.


    Growing Your Family

    Regardless of the type of adoption you choose, the process can be complex. Working with an experienced adoption attorney can mean the difference between a successful, smooth process, and one that’s fraught with disappointment and stress. 

    22 November 2024
    In today’s diverse family landscape, second-parent adoption has become an essential legal tool for many families, particularly for those formed through assisted reproduction, same-sex relationships, or blended families. At Modern Family Formation, we focus on adoption and assisted reproduction law across Virginia, Maryland, and the District of Columbia, and we recognize the critical importance of second-parent adoption for non-delivering parents. This legal process ensures that both parents in a family, regardless of biological connection, are recognized and protected under the law. Understanding Second-Parent Adoption Second-parent adoption, also called Confirmatory adoption, allows a non-delivering parent to gain legal recognition and parental rights without the need to terminate the rights of the biological parent. This type of adoption is particularly relevant in families where one parent is biologically related to the child, while the other is not. For example, in many same-sex couples, one partner may be the biological parent through assisted reproduction, while the other partner seeks to adopt the child to ensure equal legal standing. In some cases, the non-delivering or birth parent may be the genetic parent of the child, but will still need to adopt to secure their rights. Legal Security for Your Child The most compelling reason for second-parent adoption is the legal security it offers your child. If laws changed and your parentage was challenged, the Judgment or Order of Adoption would protect your family. This protection provided includes medical care, education, and even custody should something happen to the birthing parent. Second-parent adoption ensures that both parents can provide care and make crucial decisions throughout the child's life. Protection Across State Lines Family laws can vary significantly from state to state. Second-parent adoption creates a legally recognized relationship between a child and both parents, which is respected nationwide. This means your family can move or travel without worrying about the variability of state laws affecting your parental rights. Ensuring Inheritance Rights Without a legal parent-child relationship, a child may not automatically inherit from their non-birthing parent. Second-parent adoption safeguards a child’s right to receive an inheritance, social security benefits, or insurance payouts. It provides peace of mind knowing that, in the event of the unthinkable, your child’s financial future is protected. Emotional Stability and Recognition Beyond the legal aspects, second-parent adoption affirms the emotional bond in the family.. It validates the family unit in the eyes of society and gives the child a sense of stability and belonging. Knowing that both parents are recognized equally reinforces the child's understanding of their family structure. Facilitating Parental Responsibilities Day-to-day life involves countless interactions where parental authority is assumed or required. Picking up a child from school, authorizing a field trip, or attending a doctor’s appointment are all situations where having clear, legal parental status is essential. Second-parent adoption removes any ambiguity about who has the authority to act on behalf of the child. Preparing for the Future Life is unpredictable, and preparing for all eventualities is part of responsible parenting. Should the birthing parent become unable to care for the child due to illness or death, second-parent adoption ensures that the non-birthing parent retains full parental rights, avoiding potential custody battles with other relatives or the state. Health Insurance and Benefits Many employer health plans and government benefits extend coverage to a child only if there is a legal parent-child relationship. Second-parent adoption may become necessary for securing these benefits for your child, including health insurance, life insurance, and access to family leave if your legal relationship was challenged. Reflecting Real-Life Families Our society is evolving, and the concept of family is more inclusive than ever before. Second-parent adoption is a way for the law to catch up with reality, recognizing and protecting all family structures. It sends a message that all families, regardless of how they are formed, are valid and deserving of equal treatment under the law. Conclusion At Modern Family Formation, we believe that every family should have the opportunity to secure their bonds through the full extent of the law. Second-parent adoption is not just a legal formality; it's a crucial step in safeguarding the well-being of children and the rights of non-biological parents. It's about ensuring that love, not just biology, defines what it means to be a family. If you're considering second-parent adoption, know that you're taking a powerful step towards protecting your family's future. If you have questions or would like to learn more about second-parent adoption, please contact Modern Family Formation today!
    10 September 2024
    Adoption is a profound journey that reshapes family boundaries, often bringing immense joy and fulfillment. Among the various forms of adoption, kinship adoption stands out as a unique opportunity to maintain biological family ties while providing children with the stability and love they need. As an adoption attorney, I have witnessed firsthand the transformative power of kinship adoptions and the myriad benefits they offer to both children and families. Preserving Family Bonds Kinship adoption occurs when a child is adopted by a relative or a person with whom they share a significant emotional bond. This could be a grandparent, aunt, uncle, adult sibling, or cousin.. One of the most significant advantages of this arrangement is the preservation of familial connections. Children in kinship adoptions may experience less trauma compared to non-relative adoptions because they are placed in a familiar environment, with people they already know and trust. Continuity of Culture and Identity Children thrive on continuity, and kinship adoption can provide a sense of identity and belonging that is crucial for their development. By staying within their biological family, children can maintain their cultural heritage, traditions, and language. This continuity can help to foster a strong sense of self and supports a smoother transition into their new family dynamic. Strengthening the Support Network Kinship adoption not only benefits the child but also strengthens the support network for the adoptive family. Relatives often have an established relationship and understanding of the child's background and needs. This shared history can make it easier for the family to navigate challenges and celebrate successes together. Legal and Financial Considerations From a legal standpoint, kinship adoption can be more straightforward than other types of adoption. Since the adoptive parents are already related to the child, there may be fewer hurdles to overcome in terms of custody and parental rights depending on the circumstances. Additionally, some states offer financial assistance and resources specifically for kinship adoptions, helping to alleviate potential economic burdens. Emotional Stability and Well-Being Children in kinship adoptions generally benefit from greater emotional stability. They may be less likely to feel abandoned or rejected since they remain within their family unit. This stability is essential for their emotional well-being and may lead to better outcomes in terms of mental health, academic performance, and social relationships. Conclusion Kinship adoption is a compassionate choice that can enrich the lives of everyone involved. It offers a way to keep families together, preserve important bonds, and provide children with the love and security they deserve. As an adoption attorney, I am committed to supporting families through this process, ensuring that the best interests of the child are always at the forefront. If you are considering kinship adoption, we encourage you to explore this rewarding path and discover how it might benefit your family and your loved ones. Learn more about kinship adoption now.
    10 July 2024
    Discover why surprising your stepparent with adoption paperwork isn't feasible, but learn how to approach this heartfelt gesture in a meaningful way. Explore the emotional and legal aspects of stepparent adoption today.
    Growing your family through ART
    9 May 2024
    In the journey of family-building, assisted reproduction technology (ART) offers a beacon of hope for many intended parents.
    adoption after pregnancy loss
    14 February 2024
    After a period of reflection, many expectant parents consider adoption after pregnancy loss. An adoption attorney can help.
    13 April 2023
    When they want to grow their family, many aspiring parents use a surrogate. A surrogate carries a baby to term on behalf of the parents. Upon birth, paperwork is filed to transfer all rights to the parents.
    23 March 2023
    Wondering about parental rights?
    8 March 2023
    Are you wondering about gender in adoption? Gender in adoption is an interesting and sometimes complicated topic any aspiring adoptive parent should know a little bit about.
    23 February 2023
    Each year, about 135,000 children are adopted in the United States. A significant portion of these have some form of special need. Special needs can arise for many different reasons not limited to disability. Whatever the case, special needs children often require exceptional care, and that can be costly.
    9 February 2023
    When you are using the help of a surrogate to grow your family, having a good relationship is key. Most surrogates are retained through a private service that makes introductions between surrogates and the prospective parents. There may be several rounds of interviews to get to know each other.
    More posts
    Share by: