ADOPTION & ART ATTORNEYS IN MARYLAND, DISTRICT OF COLUMBIA & VIRGINIA
Private Agency Adoption
Even when an adoptive family chooses to work with an agency rather than pursuing an independent adoption. The family will still need the guidance of an adoption attorney to complete the legal steps of the adoption process. We have helped many adoptive parents decide between independent and private agency adoption. We can provide all of the legal services you need to complete either adoption process.
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In a private agency adoption, the birth parents usually choose to remain involved in the adoption process and personally select the adoptive parents they feel are perfect for their baby. In today’s infant adoptions, most birth parents choose to have an open adoption, so they can remain in contact with their child and the adoptive parents. The agency acts as a professional mediator to connect birth and adoptive parents.
If prospective birth parents or adoptive parents need assistance in locating one another, a private adoption agency can get involved to match the parents. Typically, the agency provides adoption services, such as counseling and financial support (if allowed by state law) to the birth parents. The prospective birth parents often choose the adoptive family by reviewing profiles of interested parents, which include non-identifying information and photos of the prospective adoptive family.
Adoption agencies also mediate pre-placement contact between prospective birth and adoptive families so they can get to know each other better and build a solid relationship prior to the adoption. This relationship can continue throughout the adoption process and beyond in the form of an open or
semi-open adoption, should the birth parents choose this level of openness. Adoption agencies are experienced at helping birth and adoptive families communicate with one another to help establish trust and good rapport between the two parties. The hope is that they can continue to communicate on their own comfortably and freely in the future.
After the adoptive parents have been chosen and the child is born, each birth parent may give consent to guardianship of the child in favor of the agency. This consent gives the agency the right to place the child for adoption. In Maryland, the birth parents have 30 days after signing to revoke their consent. Meanwhile, the adoption agency files a petition in the appropriate circuit court to obtain legal guardianship of the child. Once the revocation period expires, the court will grant legal guardianship to the agency and terminate the parental rights of the birth parents. While the guardianship proceeding is pending, the child will be placed with the prospective adoptive parents if the parents are willing to assume the risk of placement before parental rights are terminated. The child will then be placed with the adoptive family.
In both Virginia and the District of Columbia, the agency obtains the right to consent based on the consents signed by the birth parents, and a court order is not required to terminate the birth parents’ rights. In this instance, the birth parents’ rights are terminated in accordance with the relevant statute.
Following a required
post-placement supervision period, the agency gives its consent to the adoption to the adoptive parents. The adoptive parents proceed to finalize the adoption by filing a petition for adoption in the circuit court in the county where they reside.
You may wish to pursue a private domestic agency adoption if:
For some, alternatives to agency adoptions do exist. For example, U.S. families who aren’t sure they need to work with an agency may consider an independent adoption. Families interested in adopting an older child might consider a public agency (foster care) adoption.
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. The home study is valid for one year and can be updated annually.
Agency adoptions are handled by a licensed child-placing agency in the state where the adoption is occurring. Agency adoptions are conducted through either public or private agencies. Residents of Maryland, Virginia and the District of Columbia may work with public and private agencies located anywhere in the United States. In agency adoptions, the birth parents place the child with the agency, which assumes guardianship of the child. The agency then places the child with the adoptive couple.
In Maryland, a birth parent has 30 calendar days to revoke their consent to an adoption, whether private or agency. In DC, consent is irrevocable upon execution for a private adoption, and a birth parent has 14 days to revoke their consent to adoption if the baby is placed through an agency. In Virginia, a birth mother consents in court in front of a judge three days or more after the baby is born; she has seven days to revoke consent. In a Virginia agency case, the birth mother signs a relinquishment to the agency and does not appear in court.
“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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