The Difference Between Private and Agency Adoption
Many families assume that they can figure out the adoption process on their own, forgoing representation. If you are adopting a child in Pennsylvania, you have the choice between using an adoption service agency or connecting directly with a birth mother, known as a private adoption. Each avenue comes with its own concerns, making the choice far from simple. If you are considering adoption, our adoption lawyers discuss the difference between private and agency adoptions to help you make an informed decision.
Private or Independent Adoptions: The Nuts and Bolts
A private or independent adoption involves birth parents choosing their child’s adoptive parents. Different organizations help connect birth mothers and prospective adoptive parents, cutting out the middleman that comes with an agency adoption. In a private adoption, a birth mother voluntarily terminates their parental rights. However, legal consent cannot be given until at least 72 hours after the child’s birth.
Although a private adoption may seem appealing, there is a higher risk of the birth mother withdrawing consent compared to an agency adoption. Although no agency fees are involved, given the potential risks, it is highly recommended that both parties retain legal counsel.
How Agency Adoptions Work
Families interested in adopting a child, those fostering (foster-to-adopt), or those with a foster child will typically use an adoption agency. The Statewide Adoption and Permanency Network (SWAN), run by the Pennsylvania Department of Human Services, helps to match foster children with prospective families. However, families interested in adopting an infant typically choose to use a private adoption agency. Using a private agency is substantially more expensive than using a public agency; however, the waiting lists are generally shorter, with some having a wait time of only 12 months.
Just as in a private adoption, the birth mother cannot provide consent to terminate parental rights until 72 hours after the child’s birth. However, the birth mother does have 30 days to revoke consent. In an agency adoption, the prospective parents will retain physical custody right away, although legal custody will not be granted until the adoption is finalized.
What is the Adoption Process in Harrisburg, PA?
Given the stress of adopting an infant or foster child, many individuals choose to use an adoption agency to assist in the process. Adopting a child in Pennsylvania will involve the following steps:
- Selecting an adoption service agency: Pennsylvania has over 200 public and private adoption agencies from which prospective parents can choose.
- Completing an application: Prospective parents will fill out an application in which they will answer questions about their family, educational background, and what characteristics they are looking for in a child.
- Completing the Family Profile: The matching process will begin once an adoption agency approves your family. This will include several meetings with an adoption professional.
- Matching process: Families with an approved Family Profile can and should register with the Pennsylvania Adoption Exchange (PAE). PAE will regularly review Family Profiles and notify the agency if a potential match is identified.
- Pre-placement visit: When an adoption agency has tentatively suggested that you adopt a child, a visit will be arranged so that you can spend time with the family to determine if the child is a good fit for your family.
- Placement: A child will move into a pre-adoptive family’s home.
- Placement Supervision: After about six months, an adoption worker will visit your family to determine if the placement is a good fit and to lend guidance to the adoptive parents.
- Adoption Finalization: If the placement is a good fit, then the adoption agency will submit a request to the court to legally finalize the adoption. Several factors must be in place before the adoption is finalized.
Why You Need the Services of an Adoption Attorney
Understanding your rights and responsibilities as a potential adoptive parent will help you navigate the complexities of the process. Unfortunately, issues may arise, which may delay the adoption from being finalized, making you worry that your family will never truly be complete.
At Purdy Law, our legal team understands the anxieties that come with adopting an infant or child. If you want to ensure that your adopted child has the same rights as a biological child, our Harrisburg adoption lawyers are more than happy to speak with you. As always, our lawyers are available to answer your questions and provide the legal framework you need for success.
Speak with Our Dedicated Adoption Lawyer Today
If you are considering adoption or have questions at any point in the process, our experienced legal professionals are here to help. For nearly 20 years, our legal team has assisted families wishing to adopt, explaining prospective parents’ obligations under the law. Whether you are interested in adopting an infant or older child, a child you are currently fostering, or a relative, our Harrisburg adoption attorneys are ready to offer you the support you need.
To schedule a consultation with a member of our legal team, contact us online or call (717) 674-2885.