California Adoption Law and Procedures
When we meet in person, I will explain, in detail, how adoption works in California. For now, however, here are the basics...
There are two types of adoption in California: independent and agency adoption. They are very similar, and I can assist in both types of adoption.
Independent Adoption
This the most popular type of adoption selected for newborns in California. Many people call it private, direct or open adoption. Usually, the birth mother and adoptive parents meet via an attorney, or may have met privately on their own and find an attorney to assist them after they've met. (When a birth mother contacts me, I show her photo-resume letters of the adoptive parents I am working with, so she can select which family, or families, she'd like to meet.)
The adoptive parents must go through a six month home study (done by the State Department of Social Services or a designated county agency). There is no requirement for a pre-placement home study (unless the baby is born out of state), but some families elect to voluntarily complete a pre-placement home study anyway. With the state budget crisis, on October 1, 2008, the home study fee was raised from $2,950 to $4,500. (This is reduced to $1,550 if the adoptive parents have a pre-placement home study meeting state guidelines; those home studies, called Independent Adoption PreAssessment Home Studies, usually cost $2,500, making the total home study fee $4,050, $450 less than the usual fee.)
The birth mother can place the baby directly with the adoptive parents at the hospital, so there is no foster care requirement. The birth mother can see the baby in the hospital as much, or as little as she desires, and can authorize the hospital to allow contact witth the adoptive parents as well. Many birth mothers even ask the adoptive mom to be her labor coach.
The birth mother meets with a specially licensed counselor, called an Adoption Services Provider (ASP). The ASPs are in private practice and we can select any one from a large list. The ASP usually meets with the birth mother once before the birth to review the adoption process and make sure she is fully informed about the adoptive parents she has selected. This meeting is called "The Advisement of Rights." The ASP can also provide counseling as well. Then, after the birth, the ASP visits the birth mother at her convenience to sign her consent to adoption (a form called the Adoption Placement Agreement). This is usually done a few days after birth and the baby is already living with the adoptive parents.
The consent to adoption becomes permanent in one of two ways. The slow way is that 30 days go by. If this method is chosen, the birth mother has 30 days to change her mind, then the consent becomes irrevocable on the 31st day. (Understandably, adoptive parents worry during this period. In my experience, however, I find very few birth mothers change their mind, contrary to the image one gets from sensationalistic TV shows and the media.) The faster way is for the birth mother to sign a form called a Waiver of Right to Revoke Consent. This form makes her consent permanent the moment she signs it, which can remove the majority of the 30 days. A new law, effective 1-1-09, allows the birth mother to execute the Waiver of Right to Revoke Consent in the presence of the ASP (prior law required it to be done in front of a state/county social worker, which was much harder to arrange). The new law should lead to many birth mothers electing to sign the Waiver of Right to Revoke Consent early in the 30 day process.
Except in rare cases, a birth mother never needs to go to court. The adoptive parents only need to go once, which is when the adoption is finalized. This is a very casual proceeding, finalizing what was secure long before, with photos typically taken with the judge holding the baby, etc. A new birth certificate is created, naming the child as desired by the adoptive parents and naming them as biological parents. The original birth certificate, naming the birth mother, is then sealed.
Birth fathers also have rights, but most are very supportive of adoption planning, likely due to the fact most adoption situations come out of unplanned pregnancies and they have no desire to pay child support, and agree adoption is best for the child. Birth fathers rarely object, but when they do, they have certain rights, and those rights vary based upon their relationship with the birth mother and baby (ex. were they married). This is too]a complicated a subject to cover here.
Adoptive parents are allowed by law to assist a birth mother with expenses related to the pregnancy and adoption. Expenses not related are illegal. Every dollar spend in an adoption is presented to the court in what is called the Accounting Report. Normal expenses might include medical costs (although in my experience most birth mothers have insurance or have - or can get - Medical), and living costs. Living costs can include maternity clothes, rent, food, utilities, etc. Some birth mothers live at home, or have a job, and have no or few expenses. Others may have fallen on hard times and need help. If so, Randy makes sure all needed payments are made primarily through his attorney-client trust account, so there is a clear record for the court, and everyone is sure the laws are being followed. For those birth mothers needing assistance, it is typically the last couple of months of the pregnancy, and during her post-birth recovery time (usually about 6 weeks).
Some adoptions are open and some are closed. Some birth mothers want to contact, some want pictures and letters several times a year, and a smaller number want to personally get together with you and the baby occasionally, often once a year. Randy's goal is to make sure both birth mother and adoptive parents want the same type of adoption, so everyone is content.
Private Agency Adoption
Adopting via an adoption agency is an option to independent adoption. Most of the above facts are also tru for an agency adoption. There are a few differences, however. One is that an agency adoption requires that the adoptive parents have both a pre-placement and post-placement home study. (This is due to the fact that the agency is legally placing the child in the adoptive home so is legally responsible, whereas in an independent adoption the birth mother is directly making the placement.) Agency fees vary a great deal and you will have to contact them to see their fees. Most are $6,000 to $18,000 for full services.
Some agencies have restrictions on the adoptive parents they will accept, based upon age, religion, etc. Others have no such requirements. (In an independent adoption, there are no such age/religion limitations, just that the adoptive parents demonstrate they can provide a secure and loving home.)
In an agency adoption, the birth mother signs a different consent form (called a relinquishment). An advantage to the relinquishment over the independent adoption process is that there is no 30 day period, or the alternative faster Waiver of Right to Revoke Consent.j A birth mother can make her relinquishment irrevocable immediately upon signing (often just a few days post-birth). The disadvantage, however, is that the same form gives her the option to select her own revocation period, perhaps even longer than the 30 day period in independent adoption.
Be careful that you are actually contacting licensed adoption agencies. The phone book and internet are filled with businesses which sound like agencies, but are actually what are called facilitators. Facilitators may assist in finding a birth mother and related functions, but cannot legally do home studies, take relinquishments, write court reports or give legal advice. In many state facilitators are illegal (arranging adoptions for a fee), but in California they are permitted if they follow certain disclosure rules.
Randy has collaborated with many adoption agencies. Some of those he works with include: Kinship Center (Santa Ana); Vista Del Mar (Los Angeles); Nightlight Adoptions (Brea); Independent Adoption Center (Los Angeles); and Family Connections (Oceanside). He also offers court finalization services for a modest fee for adoptive parents completing a full agency adoption.
Public Agency Adoption
Most adoptions through county agencies are children removed from their homes due to neglect or improper parenting. This is different from the voluntary newborn placements seen in independent adoption and with many private adoption agencies. Because there are never enough adoptive parents to meet the growing need of the waiting older children in the county system, the services to the adoptive parents (home study, etc.) are normally free (although you can't use a county home study for an independent or private agency adoption to save money - the county underwrites the county social services system to aid the children waiting for homes there). For families who complete their adoption through a
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The above information may seem like a lot, and it is. However, it is really just the tip of the iceberg when it comes to understand how adoption works, and how to have a successful one. You cannot rely upon this limited information as it is not complete enough to apply to all situations. There are exceptions and potential legal complications too complex to present in this limited format here (the Indian Child Welfare Act, the Interstate Compact for the Placement of Children, relative adoptions, etc) . Randy's initial consultation with adoptive parents typically takes 2 hours to fully review adoption. Consult with an adoption attorney or licensed adoption agency before you start an adoption.
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