In recognition of National Infertility Week (April 19-25), KingSpry’s Adoption/ART Law Practice Group walks us through some of the options available to those wishing to build their families.
For families that are facing issues related to infertility, creating or enlarging their family through adoption is often considered. There are many things to consider before deciding whether adoption is the right path for your family. Families with children must consider the effect that adding siblings may have on the existing children. In addition, potential parents must be realistic about their ability to commit to caring for a child, and the effect that having children may have on career and other plans. This week, we will discuss two broad categories of adoption, private and public. Today we begin with the basics of private adoption.
Private Adoption
Private adoption means adopting a child with the assistance of a private agency that works to match birth families with adoptive families. In this type of adoption, the birth parents often plan to place a child for adoption at or soon after birth. Private adoptions are further described as domestic (adopting a child born in the United States) or international (adoption a child born in another country). In a domestic infant adoption, the adoptive parents are matched with birth parents based on a variety of factors and preferences. Costs may include agency fees as well as hospital and other expenses paid by the adoptive family on behalf of the birth parents. In an international adoption, US-based agencies cooperate with agencies or governments in other countries to facilitate the adoption of children born in other countries. The age, race, and health background of available children all must be considered and verified. Travel to the country of birth is usually required, which increases the cost of such an adoption.
Adoption always requires termination of the birth parents’ legal rights. After this is completed, the adoption of the child can be finalized in court. Open adoption is increasingly considered in all types of adoption plans. In an open adoption, adoptees maintain contact of some type with birth families. The level and type of contact is determined on a case-by-case basis. The benefits for adoptees include an opportunity to be aware of and understand their heritage, and to have access to medical information. For adoptive parents, openness can sometimes seem threatening. Many times, these fears recede as relationships are established. Open adoption is not appropriate for every family, and the adoptive parents ultimately determine whether it is best for their family.
heARTbeat is a publication of the KingSpry Adoption/ART Law Practice Group. It is meant to be informational and does not constitute legal advice.
