Each U.S. state requires specific adoption procedures.
Pregnant women or expectant fathers who are considering adoption should carefully educate themselves about each step in the process, including the legal requirements. As every U.S. state uses its own adoption laws, the procedures differ from one state to another. Birth parents should research the types of adoption, consider the available adoption agencies or adoption lawyers, and look for counseling before giving their consent.
Research
U.S. adoptions include private adoptions and foster care adoptions. Pregnant women considering adoption in the United States outside of the foster care or child welfare system often proceed with the help of an adoption agency or adoption lawyer. Before proceeding, birth parents should research their state's adoption laws through books, the Internet and adoption support groups. Birth parents should consider the available options for closed, partially open and open adoption, which can affect how much future contact they will be able to have with their children.
Agency Selection
Birth parents can search for a licensed agency or adoption law firm that arranges the type of adoption that they have decided on after their initial research. The chosen agency or lawyer often assists the birth mother in making an adoption plan, compiling an adoption file, reviewing adoptive families' information and understanding the required legal procedures.
Pre-Adoption Services
Under the laws of many U.S. states, the birth mother must participate in counseling before she can agree to give up her baby. Some states also require that she meet with a legal advocate or lawyer to learn about her legal rights. Adoption agencies often provide free counseling or refer a birth mother to counseling services throughout her pregnancy and after the child's birth.
Consent and Waiting Period
To give up a newborn for adoption, the birth mother must formally give her consent. If the child has a legal father, such as the birth mother's husband or a man who has acknowledged the child's paternity, the father must also consent to the adoption. Birth parents do not give consent only under certain circumstances, such as if the state plans to terminate their rights involuntarily or if the parents have abandoned the child. Some states allow the birth parents to give their consent at any time after the child's birth, but 30 U.S. states and the District of Columbia require waiting periods lasting from 12 hours to three days.
Formal Consent Procedures
While the procedures vary from state to state, the birth parents must generally give formal consent to the child's adoption. In some U.S. states, the birth parents can agree to the adoption by signing a written statement of consent in front of a notary public, who notarizes the document. Other states use a court form to relinquish parental rights or even require an appearance at a court hearing.
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