In an independent (non-agency) adoption, a birthparent places
the child directly with the adoptive parents she has chosen. Independent
adoptions are legal in
An adoption attorney must be retained to complete an independent
adoption. The adoption attorney (as well as the adoptive parents) actively
networks and searches for birthparents who are considering an adoption plan for
their child.
In order to file a Petition for Adoption, adoptive parents must
have a completed homestudy by a licensed
When a birthparent is located, adoption planning begins. Plans
that need to be made include the following:
(1) Providing independent counsel for the birthparents. This may
be an adoption attorney or an adoption agency social worker. The adoptive
parents and birthparents CANNOT be represented by the same adoption attorney.
(2) Obtain medical/genetic information regarding the
birthparents
(3) Arrange for post-placement contact (if any). This may
include letters, pictures from adoptive parents, and sometimes pre-arranged
visitations.
(4) Make the necessary financial arrangements. Adoptive parents
are required to pay for medical expenses not covered by insurance or the State,
any legal fees or counseling fees for the birthparents, and room and board
expenses if the pregnancy has caused the birthmother to be unable to work.
(5) Determine whether (or if) it is necessary to involve the
birthfather. In
(6) Plan for adoptive parents involvement while birthmother is
in the hospital.
(7) Determine whether the Indian Child Welfare Act applies and
take the appropriate action if necessary.
(8) If a child is to be taken from one state to another for the
purpose of adoption, it will be necessary to comply with the Interstate Compact
on the Placing of Children (ICPC).
A birthmother may sign a Consent to Adoption and Certificate of
Irrevocability only after the birth of the child and when she is free from any
effects of drugs given to her during labor and delivery. Consents are usually
signed shortly before the birthmother and child are released from the hospital.
A birthfather can sign before or after the birth.
The Petition for Adoption should be prepared and filed as soon
as possible after the adoptive placement. This is essential in making the
Consent to Adoption irrevocable. Copies of the papers will be sent to the
Oregon Department of Human Services. A post-placement report will be requested
to be completed and filed in court prior to the issuance of the Decree of
Adoption. This process takes 3-6 months from filing the Petition for Adoption
until the final Decree of Adoption is signed by the judge.