Overview of Adoption Law

In the United States today, there are 50,000 adoptions each year. Almost all involve children, and the courts as a general rule say that the best interest of the child is the paramount concern during the proceedings.

A child's best interest, however, means different things to different people and may be gauged differently from state to state. In all states, there are rules that specify what requirements must be met. Apart from that, the laws vary a good deal.

If you are interested in adopting a child, contact the child welfare agency responsible for adoptions in your state. A good deal of paperwork is involved, and the process of adoption can take many months or even years. The process can be speeded up if you are willing to adopt a "special needs" child (e.g., a child that is older, a member of a minority, or has a disability or a behavioral disorder). There are international agencies that help parents adopt children from other countries such as China, India, Romania and Brazil.

Getting help
State adoption agencies often help adults through the necessary procedures. Private organizations also help with child placements, and they will assist with paperwork. However, adoptive parents cannot count on a state agency or private placement organization to make sure that all legal problems are resolved. These agencies and organizations can and do make serious mistakes--some that have proven costly for the adoptive parents. For that reason, adoptive parents should invest the time and money to get sound legal advice to make sure the adoption is legally correct. This can save considerable trouble and heartache later on.

There is growing pressure for some parents to become involved in "black market" or "gray market" adoptions. These typically involve individuals or agencies that charge a substantial fee and in return promise that a suitable child will be found for adoption. Sometimes these individuals or agencies cut corners or engage in questionable tactics to get children or speed up the adoption process.

Anyone who wants to adopt in this situation should be very careful. It is illegal in all states to "buy" a baby. If the agency does not ensure that the biological parents have properly consented to the adoption, the adoptive parents may go through the heartache of having the baby seized and returned to its biological parents.

Before using any agency for adoption, make sure the agency is properly licensed, has no previous legal violations and has a good track record. Contact government regulatory agencies to see if any complaints have been filed. Try to learn the names of people who have used the agency in the past and ask these people if they encountered any problems.

It is always a good idea to contact a qualified, independent attorney for a legal evaluation of an agency's adoption procedures before any money changes hands. Do not rely on advice from the agency's attorney, even if the adoption agency is run by a licensed attorney. In that situation, get a second opinion. It is always better to pay for an evaluation than deal with the serious legal problems of a botched adoption.