Q.: What is the difference between an agency adoption and a private adoption?
A.: In an agency adoption, the child is placed with the agency after a court hearing or after the birthparents execute an irrevocable consent. Therefore, the agency can decide who should adopt the child, and is not legally obligated to choose the adoptive parents preferred by the birthparents. However, agencies typically try to honor the birthparents’ wishes.
In a private, attorney-arranged adoption, the birthparents select the adoptive family and the child is placed with the prospective adoptive couple following a court placement hearing. Assuming the home study of the adoptive family proves satisfactory, the child is released to the adoptive couple upon court approval. The child may be placed only with the family chosen by the birthparents.
Some courts require an agency to be involved, even in attorney-arranged adoptions. In such a case, the attorney handles all necessary paperwork and the agency accepts the birthparents’ surrender of the child.
Q.: How are adoptive parents selected?
A.: Prospective adoptive parents prepare “life books” providing the birthparents with information about themselves. Once the birthparents select potential adoptive parents, the attorney or agency contacts the potential adoptive parents.
Q.: Can birthparents place the baby with an adoptive couple without a court hearing?
A.: Not in Ohio. Ohio requires that application be made with the court before a child can be placed in an adoptive home.
Q.: What is the difference between a closed and an open adoption?
A.: A closed adoption is the “traditional” adoption, in which neither the birthparents nor the adoptive parents know each other’s identity, and do not communicate with each other after the adoption.
Generally, in an open adoption, birthparents and adoptive parents exchange information and agree to maintain some contact after the adoption. The degree of post-adoption contact varies according to the parties’ comfort levels. However, even if one party fails to comply with the open adoption contract, the adoption will not be jeopardized.
Q.: What must the birthparents do once they have decided to place a child for adoption?
A.: The birthparents should contact an adoption agency or an attorney who specializes in adoption. They will be asked to provide information about the type of adoptive family they prefer, and will receive information about available and appropriate families. With help from the attorney or the agency, the birthparents choose the adoptive family, and the attorney or agency contacts the family. Once the child is born, the appropriate paperwork is filed, a court hearing is held, and the child is placed with the adoptive parents.
Q.: What must prospective adoptive parents do once they’ve decided to adopt?
A.: Prospective adoptive parents must compile a “life book” to give to an adoption attorney or an adoption agency, and often are asked to complete a questionnaire. A home study is conducted to determine if the adoptive parents are suitable. The prospective parents then must wait to be selected.
Once the child is born, the appropriate paperwork is filed and a hearing is held in court. After the hearing, the child is placed with the adoptive couple. After the prospective parents have received the child, they will file a petition for adoption along with a request for a new birth certificate. The new birth certificate will name the adoptive parents as the child’s birthparents.
Q.: Can a birthparent stop the adoption after a placement occurs?
A.: Yes, if the birthparent petitions the court before the adoption is final, and shows that the placement was made under duress, fraud, or that the adoption would not be in the child’s best interest. The court will hold a hearing to determine if it is in the child’s best interest for the birthparent to withdraw the consent to adopt.
Q.: Can an adoptive parent stop the adoption after a placement occurs?
A.: Yes, with court approval, if a request is made before the adoption is final. The birthparents may find a new prospective adoptive family or keep the child.
3/30/2007
Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. This article was prepared by Christine Bollinger and Jerry M. Johnson, attorneys with the Lima law firm of Hunt & Johnson, LLC.