Over 20 years of helping families thrive in unique ways

Independent And Private Placement Adoptions

In an independent adoption, the adoptive parents and the birth parents find each other independently, without the help of an adoption private agency or a state social worker. The vast majority of domestic newborn adoptions that take place nationally and within the state of Washington take place through independent private placement adoptions.

At Christina T. Sherman, PLLC, our founding attorney has more than 20 years of experience as an adoption lawyer. From our office in Fircrest, she helps Washington families grow through adoption and surrogacy and has dedicated her legal practice to this purpose.

Networking For Independent Adoptions

In independent adoptions, the adoptive parents find the birth parents through their own networking circles, such as family, friends, religious and other social networks and friends of friends. These relationships can ultimately help connect adoptive parents and birth parents and help adoptive parents achieve their adoption dreams.

Preplacement Reports And Home Studies

Before a child may be placed in a home, Washington state requires that the adoptive parents have a preplacement adoption home study prepared by a social worker. There is a fee for this home study. This report will address the fitness of the prospective parents for adoption and will evaluate factors such as:

The family’s home environment
Their cultural heritage, especially if the Indian Child Welfare Act applies
Family life
Health
Financial resources

The report will also include a background check, and any convictions, pending charges or disciplinary board final decisions will be considered. Having this report done as soon as possible will get you one step closer to your adoption once you have connected with your adoptive child. Ms. Sherman will connect you with reputable adoption social workers for your home study.

Written Consent To Adoption

The first step in the adoption process is obtaining written consent to the adoption by one or both birth parents. Washington state is adoption-friendly in that it allows birth parents to sign consent before the child is born. However, the Washington courts will not terminate a birth parent’s parental rights until 48 hours after the child is born or 48 hours from the time that consent has been signed, whichever is sooner.

This timeline is extended if the child is of Native American heritage. In that case, the court will not terminate parental rights until 10 days after the consent has been signed or the child is born, whichever is later. Our adoption lawyer works with both adoptive parents and birth parents to ensure that the consent paperwork is effective and enforceable in court.

Terminating Parental Rights

An independent adoption requires that both the birth parents’ parental rights are terminated. It is, of course, always preferable when the termination of those parental rights is obtained freely and voluntarily through the consent of the birth parents. However, there are occasions when consent cannot be obtained from a birth parent and the adoption is contested.

This can occur where the parentage of a birth father is unknown or where a birth parent is simply unwilling to give his or her consent to the adoption, despite the fact that it would be in the child’s best interest to do so. In these cases, if a birth parent has failed to perform parental duties under the circumstances, showing a substantial lack of regard for their parental obligations, a prospective adoptive parent may file a lawsuit to obtain the termination of the parental rights of birth.

Courts are reluctant to terminate parental rights in contested cases. For this reason, it is very important that you are represented by an adoption attorney who can assess the merits of your case before taking on a contested adoption. Once received, the termination order will divest the birth parent and the child of all legal rights, responsibilities and privileges with regard to one another.

The Process For Private Placement Adoptions

Private placement adoptions can be a rewarding way to grow your family, but the process can seem complex without the right guidance. Our adoption lawyer will help you understand every step. Here’s an overview of what you can expect during a private placement adoption in Washington:

Initial consultation: The process begins with a meeting between the birth parents and prospective adoptive parents. This is often facilitated by an attorney or adoption agency. During this time, both parties discuss their expectations and begin to form a relationship.
Legal representation: Both the birth parents and the adoptive parents need their own legal representation to protect their rights and interests throughout the process.
Home study: Prospective adoptive parents must undergo a home study conducted by a licensed social worker. This includes background checks, home visits and interviews to ensure a safe and stable environment for the child.
Consent and relinquishment: The birth parents must legally consent to the adoption and relinquish their parental rights. In Washington, there is a mandatory waiting period after birth before these documents can be signed, to make sure that the birth parents have adequate time to make their decision.
Placement: Once consent is given, the child can be placed with the adoptive parents. During this time, there may be ongoing contact between the birth and adoptive parents, depending on the agreement.
Post-placement supervision: After the child is placed, there will be a period of supervision where a social worker will conduct follow-up visits to ensure the child’s well-being and the adjustment of the adoptive family.

The final step in the adoption process is a court hearing where the adoption is legally finalized. During this hearing, a judge reviews all the documents and, if everything is in order, grants the petition for adoption and issues the adoption decree.

A Petition For Adoption: Completing Your Adoption

Once legally free from their birth parents, a child is ready for adoption by the prospective parents. Adoptive parents initiate the adoption with the court by filing a petition for adoption. The petition is signed under penalty of perjury. If a preplacement report has not already been filed with the court, it can be filed with the petition for adoption.

The final step in the adoption process is by far the best: the adoption finalization hearing. This is the day that you have been waiting for – the day when your child becomes officially yours. On this day, you will swear under oath that you will be ready to take on all of the rights and responsibilities required of parents. Upon certifying that the requirements of adoption have been met, the court will sign an order of adoption and celebrate with you the beginning of your new life together. The ceremony is private and other than your attorney, the judge and court staff, only those that you invite will be allowed to attend. This is a nice opportunity to take photos, so you are welcome to bring a photographer with you to memorialize your special day.

Schedule A Consultation With A Washington Independent Adoption Lawyer

Our independent adoption lawyer can compassionately guide you through each stage of a private adoption. Our goal is to ensure a smooth and legally sound adoption process. We want to support you in building your family while confidently navigating the complexities of private placement adoption.

To schedule an initial consultation, you can call our office at 253-466-2775 or send us a message through our online form.