ADOPTION & ART ATTORNEYS IN MARYLAND, DISTRICT OF COLUMBIA & VIRGINIA
Independent Adoption
We guide prospective birth parents or adoptive parents through these options and advise them on the safest, most successful avenues to locate each other for a non-agency adoption.
It’s important to note that every private or independent adoption will require, at a minimum, an adoption attorney to complete the necessary legal steps and ensure your adoption is completed correctly in accordance with state laws.
We can not only guide you through the process of finding an adoption opportunity safely but also complete your legal processes all the way through to adoption finalization.
Contact us now to begin your adoption journey
Read on for more information about adoption without an agency in Maryland, Virginia and D.C.:
Although the actual adoption process is generally the same, some aspects are very different in a private/independent adoption versus an agency adoption. Here are the key differences between the two:
If you have specific questions or concerns about an independent adoption, we can address these in your consultation and help you determine which type of adoption is right for you and your family. Contact us now to learn more.
Your adoption attorney will be your primary professional throughout the independent adoption process. When you work with our firm for your independent adoption, we will schedule an initial consultation to discuss your family-building options, advise you through the process of searching for an independent adoption opportunity and guide you through the remainder of the legal adoption process.
Adoptive parents may learn of prospective birth parents either through word-of-mouth contacts, online profiles, verbal networking, newspaper advertisements or other marketing and outreach efforts in Maryland, Virginia and the District of Columbia. We can advise prospective birth parents and adoptive families as they search for one another in the independent adoption process.
Once the parties locate one another, they begin working together to resolve issues that arise through the independent adoption process. They may discuss an adoption plan. This negotiation is usually done through the attorneys. The adoption can be completely open, whereby the parties exchange identifying information, or closed, whereby the parties exchange identifying information, or closed, whereby the parties' identifying information remains confidential.
In an independent adoption, the birth parents give adoptiondirectly to the adoptive parents. Legal custody of the child passes directly from the birth parents to the adoptive parents. The attorney representing the prospective birth mother often makes arrangements with the hospital where the child is to be born, allowing the adoptive parents access to the child in the nursery following birth. The child is discharged directly to the adoptive parents. After the child is born, the birth mother executes her consent to the adoption. This is usually done at the hospital in the presence of the birth mother’s own attorney. However, the actual consent process depends on the laws governing the adoption.
Just like the birth mother, the birth father of the child must consent to the adoption. If the birth father does not consent, he must be given notice of the proceeding by being served with a show cause order. Under certain circumstances, a birth father can be given notice by publication in the newspaper.
In Maryland, before the adoptive parents take physical custody of the child, the law requires that a court order be obtained. The court order grants legal custody to the adoptive parents. A birth parent executing his or her consent to an independent adoption in Maryland may revoke that consent for any reason for up to 30 days following its execution. A revocation must be in writing, signed by the revoking birth parent and filed with the clerk of the court. In the District of Columbia, consent is irrevocable once it is filed with the Stepparent. In Virginia, a birth father can sign a pre-birth denial of paternity, and a birth mother can sign a judicial consent three or more days after the child is born. She has seven days to revoke her consent, once signed.
consent to the adoption of his or her child directly to the adoptive parents. Legal custody of the child passes directly from the birth parents to the adoptive parents. The attorney representing the prospective birth mother will often make arrangements with the hospital where the child is to be born so that the adoptive parents will have access to the child in the nursery following birth, and the child will be discharged directly to the adoptive parents. After the child is born the birth mother will execute her consent to the adoption. This is usually done at the hospital in the presence of the birth mother’s own attorney, although the actual consent process depends on the laws governing the adoption.
Just like the birth mother, the birth father of the child must consent to the adoption. If the birth father does not consent, he must be given notice of the proceeding by being served with a "show cause order". Under certain circumstances, a birth father can be given notice by publication in the newspaper.
In Maryland, before the adoptive parents take physical custody of the child, the law requires that a court order be obtained, which grants legal custody to the parents. A birth parent executing his or her consent to an independent adoption in Maryland may revoke that consent for any reason for up to 30 days from its execution. A revocation must be in writing, signed by the revoking birth parent and filed with the clerk of the court. In the District of Columbia, consent is irrevocable once it is filed with the Court. In Virginia, a birth father can sign a pre-birth denial of paternity, and a birth mother can sign a judicial consent three or more days after the child is born. She has seven days to revoke her consent, once signed.
Once adoptive parents have located a potential birth parent who wishes to place their child for adoption and the child is born, the adopting parents file a petition in the appropriate court. Each county has different local rules related to adoption, and the process, while similar, has nuances. As such, hiring an adoption attorney is important to ensure a smooth completion of the adoption.
We will assist in negotiating a birth plan and post-adoption contact agreement, (if desired by either the birth parents or adoptive parents). If the child is born outside of Maryland, Virginia or the District of Columbia, we will assist with obtaining approval from the Interstate Compact on Placement of Children (ICPC). If part of the adoption plan, we will also assist with finalizing the adoption in the state of Maryland, Virginia or the District of Columbia. We have extensive experience in handling ICPC matters.
State law dictates whether an individual social worker, a private licensed child-placing agency or a public social service agency may perform the home study. The process is designed to evaluate the adoptive parents to ensure there is nothing in their homes or backgrounds that would be contrary to the best interests of the child. It is an independent investigation to verify your suitability as adoptive parents. It includes criminal and child abuse clearances. A home study is valid for one year and can be updated annually.
Waiting periods are dependent upon a host of controllable and uncontrollable factors. Generally, the average waiting period to find a woman who is expecting a child and wanting to make an adoption plan is 12 to 36 months. Waits can be shorter or longer depending on individual situations and a client’s specified parameters for adoption, such as gender preference, race, age of adoptive parent, number of children in family, financial limitations, and the state of residence of adoptive parents and birth parents.
“We believe in working with each of our clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is our mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, we will help you understand the laws within Maryland , Virginia and Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.”
- Modern Family Formation Law Offices
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