Adoption Terms

This is a document signed by the judge presiding over the adoption finalization hearing. It states that the adoptive child is now the legal child of the adoptive parents. If the child's name is different than the name given at birth by the birthmother, the decree will legally change the child's name and allow for the order of a new birth certificate with the adoptive parents named as the parents.

This term refers to an adoption that has failed. Either the birthmother or the adoptive family can choose to not continue with the adoption process with the other party.

See Facilitator

See Petition to Adopt

See Placement

This term is more of a reference to the informal commitment between an adoptive family and birthmother intending to place her child for adoption. There is no legal process involved with forming an adoption plan, thus is not legally binding.

While a birthmother is matched with an adoptive family, most states allow for a portion or all of a birthmother's reasonable living expenses to be paid. In addition, certain state codes mandate that the expenses must be paid by a licensed child placing agency. The need for living expenses, how and when they are to be paid, and the amount requested should be disclosed and arranged prior to an adoption plan being initiated. An adoptive family's commitment to provide living expenses and a birthmother's ability to receive living expenses is an informal arrangement and is not legally binding. It is important to note that if living expenses are paid and the birthmother elects not proceed with an adoption, state laws stipulate that a birthmother is not required to reimburse any or all of the expenses she received.

This is a document signed by the judge presiding over the adoption finalization hearing. It is the official document that will allow for a new birth certificate to be issued showing the adoptive parents as the original biological parents of the child. The new birth certificate will replace the original birth certificate in the public records at the Department of Vital Records.

This term refers to an agreement between the birthmother and adoptive family that no contact will occur after termination of parental rights. The level of contact can be widely varying and is mutually established by both parties involved. In most cases, the birthmother and adoptive family have no contact prior to birth. They will meet for the first time at the hospital and only first names are used. Once the child is released into the adoptive families care, neither party sees or communicates with the other again. This agreement is informal and has no legal process nor is it legally binding.

This is a document signed by the birthparents that passes the parental rights from the birthparents to the adoptive family thus allowing the adoptive family to begin proceeding towards the adoption of the child. From state to state, the point at which consent can be signed varies widely with most states allowing for consent at some point shortly after birth of the child. Once consent is signed, it can be revoked if either or both of the birthparents decide against allowing for adoption. The period between when consent is signed and when it becomes irrevocable varies greatly from state to state with most of the states allowing for a 48-72 hour window.

Once consent has been signed and the state mandated waiting period has passed, consent to adopt is irrevocable unless the birthparents can prove that the consent was administered in an improper manner, at an improper time, or was signed while the birthparents were under duress. Any situation in which a birthparent would want to void consent after the state mandated waiting period would constitute as a Contested Adoption and would require legal proceedings initiated by the birthparents.

Any individual/s that have the legal rights to the physical custody of a child. Custodial Parents are responsible for the physical care of the child but do not have any bearing on the legal position of the child.

Several states provide an opportunity for a company to charge a fee and manage an adoption without being regulated by the state. These entities are called "Facilitators". Their abilities and competence vary widely. As they are not required to be licensed or certified in any way nor are they monitored or regulated by any governing entity. Essentially anyone with little or no background or experience in adoption can be a facilitator in states that permit it. Contrary to belief, not all facilitators are necessarily bad. Some are experienced and reputable companies, but obviously; the danger here are the facilitators that are not experienced or are not dedicated to proper adoption practices. An adoption that is incorrectly administered leaves a huge door open to a birthmother to overturn an adoption at a later date and have the child returned to her. When searching for an agency, ask if they are licensed by the state and if their license is current. They should be able to provide you a copy of their license upon request. If they are not licensed, they can not refer to themselves as a "child placing agency" and thus are not regulated in any way.

Legal process in which the court grants the Adoption Petition of the adoptive family and allows them to legally complete the adoption.

Independent counsel appointed to render legal representation in the best interest of the child. This is typically required when the legal interests of the child and legal interest of the parents are considered adverse or conflict with each other.

A Homestudy is a written document that certifies that your family is qualified and capable of adopting a child. The process requires that a state certified Homestudy provider visit your family in your home and discuss your goals and desires as they relate to adoption. Multiple visits are typically required as well as background checks and other state and federal documentation. The Homestudy process can take anywhere from a few weeks to 2-3 months dependent on your state and the individual proving the Homestudy.

Interstate Compact on the Placement of Children, also known as ICPC is a law that allows for the movement of pre-adoptive children from one state to another. ICPC offices where the child is born (originating state) and where the adoptive parents reside (receiving state) must each review all adoption documentation and approve the child's movement in writing before the child can legally leave the originating state.

Any person or entity that has been assigned legal responsibility for a child. This differs from Custodian in that Legal Guardian represents the legal interest of the child and has control over the child's eventual fate as opposed to Custodian which has responsibility for the physical care of the child.

Term referring to the situation in which the birthmother and the adoptive family mutually agree they would like to proceed in the interest of adoption. When a match occurs, an Adoption Plan is initiated.

This type of adoption refers to an agreement between the birthmother and adoptive family that visitation be allowed after the adoption of the child. This arrangement is mutually agreed upon prior to the birth and the level and frequency can be widely varying. This agreement is informal and has no legal process nor is it legally binding.

This is a summation of information given by the adoptive parents that is shared with prospective birthmothers. No confidential information is shared; only information a birthmother would need to make an informed decision. Our agency typically shares this information verbally with the birthmother.

After the termination of parental rights and prior to finalization, this document is filed with the court as a method of beginning the legal process of adoption on your behalf. It states your intentions, abilities, qualifications, as well as reasons for wanting to adopt the specific child.

This term refers to the pre-adoptive child being placed in the legal custody or guardianship of the adoptive family prior to finalization.

After a birthmother has given birth and consent is irrevocable, some states allow for a portion or all of a birthmother's reasonable living expenses to be paid for a period after the birth. The need for living expenses, how and when they are to be paid, and the amount requested should be disclosed and arranged prior to an adoption plan being initiated. An adoptive family's commitment to provide post partum living expenses and a birthmother's ability to receive post partum living expenses is an informal arrangement and is not legally binding.

When a pre-adoptive child is placed with an adoptive family, post placement reports will need to be provided to the courts prior to finalization of an adoption. These reports are typically provided by the individual who did the families initial homestudy and require a series of home visits at different intervals. The caseworker will arrange to visit your family in the home to observe the pre-adoptive child's environment and insure that the best interest of the child is being met.

Some states provide a public registry that allows for a man who believes he may be the father of a child to formally claim so. A potential birthfather that has registered on the Punitive Father Registry and meets specific states requirements can object to placement of his child for adoption.

This term refers to an agreement between the birthmother and adoptive family that various mutually agreed upon levels of communication be allowed during the pregnancy and after the birth and subsequent adoption of the child. Typically, birthparents request that letters and pictures be sent a various points in the child's life so that they can have keepsakes and watch the child grow up. Christmas', Birthdays, summer vacation pictures etc. and maybe a letter each year talking about how the child is doing is the most common arrangement. This agreement is informal and has no legal process nor is it legally binding.

After the Consent to Adopt becomes irrevocable, the birthparents legal rights and claims are terminated. In instances when a child is abandoned, or the state finds that the parent/s are unable or unfit to raise the child, the state may allow for the birthparents rights to be involuntarily terminated.