Legal Process of Domestic Adoption: What You Need to Know Before You Adopt

Are you considering adopting a baby? To understand the legal process of domestic adoption, listen to this podcast with James Fletcher Thompson, a South Carolina attorney with extensive experience in adoption.

In this episode, we discuss:

What are some of the differences in domestic infant adoption?
Adoption is governed by state law
1. Do the adoptive parents have to comply with the laws of the state where the expectant parent resides, where the baby is born, or where they reside?
2. How do federal laws affect adoption?
3. How does the Interstate Compact on the Placement of Children affect adoption?
What are some of the reasons parents make an adoption plan for their child?
Some of the legal issues in adoption from the birth parents’ perspective.
1. Voluntary vs involuntary relinquishment or termination of parental rights
2. When can an expectant mother voluntarily relinquish her parental rights?
3. When can an expectant father voluntarily relinquish his parental rights?
4. Do the expectant parents have to have their own legal representations?
5. What if the expectant parent is a minor?
6. How long after they sign the papers do the birth parents have to change their mind?
7. Do they have to have a reason to change their mind?
8. What happens if the expectant mom cannot or will not identify the baby’s father?
9. Is counseling important?
Some of the legal issues in adoption from the adoptive parents’ perspective.
1. The home study/background check requirement.
2. Can work with an adoption agency or an adoption attorney.
3. What is the process if the agency/attorney finds the expectant parent who is considering placing her baby for adoption?
4. What is the process if the prospective adoptive parent finds the expectant parent?
5. Can adoptive parents “advertise” to find expectant mothers who are considering placing their baby for adoption?
6. What is a legal risk adoption?
7. What rights do the adoptive parents have before the expectant parents relinquish their rights?
8. What are some factors that affect the cost of adoption?
  1. In-state vs. interstate
  2. Expectant mother support
  3. Expectant father identification and cooperation.
  4. Indian Child Welfare Act
  5. Biological father in active military service
Pre-Birth/Pre-Placement Process
1. May be able to meet in person to get to know one another.
2. How much information is exchanged about both the expectant parents and adoptive parents? Medical history, finances, etc.
3. How can adoptive parents know if they are being given all the information-full disclosure?
4. How can expectant parents know if they are being given all the information?
What is meant by “Open Adoption”?
1. Is open adoption legally enforceable?
Post-Birth Process