Adoption in California - Differences Between Independent and Agency Adoption

Differences Between Independent and Agency Adoption

In an agency adoption, the agency must be licensed by the State of California. The California State Department of Social Services offers a website with a listing of licensed agencies. Caution must be exercised that the entity is indeed a licensed agency and not a business using a name which implies it is an agency. California permits "facilitators" to assist in adoptions (businesses not licensed to perform home studies or take relinquishments or do legal work, but permitted to aid in the process in other ways). Agency adoption first requires that the adoptive parent have a home study completed prior to the placement of a child. The agency then takes the relinquishment of the birth mother (and father if available). For six months following the adoptive placement, the agency supervises the placement, and then can write to the court to approve the adoption. In a typical home study, the adoptive parents are fingerprinted (run through the child abuse registry and criminal index), provide letters of reference, provide proof of marriage if married (although singles may adopt), complete a health and social history, and demonstrate a preparedness to provide a loving home. A court can then grant the adoption in a simple court hearing in which both adoptive parents and the child appear.

Private agency adoptions involving newborns usually involve direct contact between birth parent(s) and the adoptive family, as in independent adoption. Public agency adoptions, however, are often closed, with little or no contact between the birth family and the adoptive family. This is usually because the child was already relinquished by the birth parents, or the court terminated their rights.

Independent adoption is slightly different and a bit less bureaucratic. It is not required that the adoptive parents have a pre-placement home study (unless the adoption is interstate). The theory is that the birth mother is directly selecting the adoptive parents, rather than relinquishing that decision to an agency. The birth mother (and sometimes the birth father) personally select the adoptive parents, usually by being shown photo-resumes of waiting adoptive parents, then meeting some families in person to select the chosen family. As with agency adoption, a six month home study follows. In most counties, the home study is done by the California Department of Social Services. In some counties, however, a county office performs the service. Regardless, the home study fee is the same (see below).