Many agencies throughout the United States offer adoption services.  Those services include placement, pre-placement and post-placement reports and home studies, education and counseling.  In an agency adoption, as opposed to a private or foster parent adoption, legal custody of a child transfers first from the birth parent to the agency, and then from the agency to the adoptive parent.  If you are currently working with an agency and you need legal assistance in finalizing your adoption, we can help.

Adoption of children from other countries (international adoptions) are handled through several agencies in most of the 50 states. Careful selection of an agency is important to ensure that the foreign-born children and their birth parents are treated with dignity and respect.  The United States Department of Immigration maintains a website which updates frequently with notices and other news regarding international adoptions.  You may view their website at www.ins.usdoj.gov.  In many cases, a foreign born child is adopted in his/her country of origin.   

Private Adoptions

Private adoptions take place directly between the birth parent(s) and adoptive parents(s).  Adoptive parents may ask that they be contacted and introduced in the event a birth mother comes forward.  In other cases, a birth parent has an adoptive parent in mind.  A birth parent may consent to an adoption only after the child is born. No sooner than 48 hours after the consent is given, the birth parent must appear before the court and formally acknowledge his/her consent and relinquishment of the child.  Unless the child is already residing with the adoptive parents at the time the adoption action is initiated (as in the case of relatives), the adoptive parents must submit to both a pre-placement and post-placement report. 

Adoption of Foster Children

Children are removed from their birth homes by Child Protective Service (CPS) when circumstances pose a risk of imminent harm to the child.  The law requires that the state agency offer the parent appropriate services designed to correct the parenting deficiency, including counseling, treatment and parenting classes.  If the parent fails to avail himself or herself of the services, or if the parent's parenting deficiencies are not corrected, despite the utilization of services, the birth parent's right are terminated, and the government becomes the child's legal and physical custodian.

The Washington State Department of Social and Health Services also administers a foster/adoptive parent program, where prospective adoptive parents who meet background requirements and fulfill educational requirements become licensed as foster parents.  Foster children are placed in their homes with the idea that the foster/adoptive parents may adopt the child if parenting skills and reunification services are not successful.  If the parent corrects his/her parenting deficiencies, the child is returned to the parent. 

Open Adoption

Many clients ask about "open adoptions."  An open adoption is one in which the birth parent(s) and adoptive parent(s) formally agree that the birth parent will have limited contact with the child after adoption.  The extent of "openness" is determined by all of the parents involved and set forth in a written agreement.  Sometimes, a birth parent and adoptive parent are related.  For example, a birth mother might reside in Washington while her aunt and uncle (the adoptive parents) reside in California.  In this case, the parents may agree that the mother and birth child will visit each other a set number of times per year.  If an adoptive parent fails to comply with the terms of the open adoption agreement, the birth parent may ask the court, as with any other legally binding contract, to enforce the agreement (although she cannot rescind the adoption.)

Absent Fathers

Birth fathers have equal rights with birth mothers regarding their children.  If the whereabouts of a birth father is unknown, notice of the adoption proceedings may be given by publication in an approved newspaper of general circulation in the birth father's last county of residence.  If the birth father fails to respond to the notice, an order finding him in default is entered and the adoption can be finalized.

Step-Parent Adoptions

A typical step-parent adoption is one in which one birth parent is absent or essentially not involved in parenting, and the prospective adoptive parent is a step-parent who has, for all intents and purposes, served as the child's psychological parent.  A "step-parent" adoption may also occur in the case where the child has a single biological parent and the biological parent's spouse or partner (whether of the same or opposite gender) wishes to adopt child.  Because the child is usually already residing with the prospective adoptive parent, a pre-placement home study report is not required.  However, a post-placement report is required.

Adoption Consultation

Whether you are a birth parent or a prospective adoptive parent, we have the expertise and the experience to assist you. We will discuss the circumstances of your case with you and answer any questions you may have about the legal process surrounding adoption.  If you are interested in scheduling an appointment, please call us.

Attorneys

• Stacie-Dee M. Motoyama

Please contact us if you are in need of, or have questions regarding  Adoption.