DEAR ADOPTING PARENTS
About
Your Decision
Legal Services: California Clients
Legal Services: Out of State
Clients
Frequently Asked Questions
Legal
Services: California Clients
WE PROVIDE
SERVICES TO CLIENTS THROUGHOUT CALIFORNIA. Unlike some agencies with
specific guidelines, there are no age, race, ethnic, religious or sexual
orientation barriers to who may adopt either in the state or in our
office. Clients do not need to have a perfect history to adopt - do
not be put off if you have health issues, prior marriages, or other
problems in your past. We work with clients who are already matched
with a birth parent and others who need our assistance to locate a birth
parent. We provide all requisite legal services before and after birth
to assure compliance with all relevant laws and regulations. California
offers its residents two parallel legal processes: an independent adoptive
placement and an agency adoptive placement:
In an
independent adoption, the birth mother is provided personal information
legally subscribed about the adoptive parents and “chooses”
them to adopt her baby. A social worker, known as an adoption service
provider, advises and counsels the birth parent before the birth about
her rights and the legal process. After the birth, the social worker
revisits the birth parent to witness the signing of her consent to the
adoption. While the birth parent has 30 days to revoke consent, she
usually signs a waiver of the right to revoke within a week if she,
too, resides in California, and a couple days after birth, if she resides
out of state.
In an
agency adoption, a birth mother can relinquish her rights to the agency
wherein the agency will make the decision who will adopt the baby. This
is the traditional agency placement; however, agencies now allow birth
parents to have involvement in choosing the adoptive parents whether
closed (anonymous) or open (identified). In identified agency placements,
the agency does not usually introduce or “match” the birth
parents and adoptive parents, but does provide services: a social worker
will counsel the birth parent prior to birth and a couple days after
birth, will have that parent sign a relinquishment of rights which,
with limited exceptions, is irrevocable right away. If the birth parent
resides out of state, the California agency will enlist the assistance
of a licensed agency in that state to assist.
Prospective
clients should be forewarned not to rely on this information which,
at best, is a snapshot of a complicated legal process. Interstate adoptions
may have entirely different legal requirements including compliance
with the Interstate Compact on the Placement of Children. Clients may
have yet another choice to adopt in the state where the baby is being
born.