Private Adoption

       Private adoption is one of several options through which an individual or couple struggling with infertility can create a family.  For the numerous infertile couples of child-bearing age, adoption is a likely alternative.  However, locating children available for adoption can be frustrating.  Many try to work with the State or a charitable or religious agency to locate a child, but get discouraged by long waiting lists.  What these prospective parents overlook is that more babies are being placed through private adoptions by biological parents who wish to have some control in determining who raises their child.

A private or independent adoption is simply an adoption without the intervention of a licensed adoption agency.  This process allows biological parents to have input into the selection of the prospective adoptive parents, so that they are able to enter into an adoption plan that they consider to be best for the child’s future well-being as well as their own.  This process provides comfort to the biological parents who are attempting to integrate their child into a new family.

Private adoption allows both the biological parents and the adopting parents a greater degree of control with respect to establishing an adoption plan that is suitable to all the parties.  Private adoptions also provide the opportunity for a complete recording of pertinent medical histories, the potential for completing the adoption within a reasonable period of time and the security that comes with competent legal counseling and guidance.

The adoption process is a statutory creation that did not exist at common law.  For that reason, strict compliance with the statutes is required.  This makes it very important for all parties to have competent legal representation.  Each state that permits private adoptions has statutes that provide waiting periods for the completion of the private adoption.  These statutes are designed to give the biological parent(s) sufficient time to make a final decision.

Goldberg Simpson attorneys have experience in dealing with all aspects of private adoption.  They are available to assist prospective adoptive parents seeking adoption opportunities as well as to assist biological parents seeking to place their child for adoption.  The attorneys also have litigation experience in the rare situations where those involved in the private adoption process have encountered problems.

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