Also known as: independent adoption · private adoption · direct placement adoption
Written by attorneys — see sources below.
An adoption process in which natural parents contract directly with adoptive parents for placement of the child. The arrangement is lawful only in jurisdictions that expressly authorize independent placements. A small number of states further permit nonagency professionals such as attorneys or physicians to serve as limited intermediaries.
Imani Idowu, a pregnant resident of State X, meets directly with Isaiah Ishikawa and his spouse. They execute a placement agreement without any licensed agency. Because State X permits independent adoptions, the court approves the petition and terminates Imani's parental rights upon birth.
Irene Ingalls confides in her fertility nurse about placing her child. The nurse introduces Irene to Igor Ito and his spouse and helps arrange meetings and draft a contract outside any agency. The state permits only agency-mediated adoptions, so the court denies the petition on the ground that the nurse acted as an unlawful private intermediary.
Abdiel Caban and Maria Mohammed began living together in New York City in September 1968. They continued until the end of 1973. During this time they held themselves out as husband and wife even though Caban remained married to another woman until 1974. Mohammed gave birth to two children during this period: David Andrew Caban on July 16, 1969, and Denise Caban on March 12, 1971. Caban was named as the father on both birth certificates. The couple jointly supported the children while living together as a family. In December 1973, Mohammed left Caban with the children and began residing with Kazin Mohammed, whom she married on January 30, 1974. For the following nine months, the children visited their maternal grandmother weekly, allowing Caban to see them regularly. In September 1974, the grandmother moved to Puerto Rico and took the children with her at the Mohammeds' request. Caban maintained contact through his parents in Puerto Rico. In November 1975, he traveled there to retrieve the children, returning with them to New York. Upon learning of the children's location, Maria Mohammed attempted to recover them with police assistance. The Mohammeds then initiated custody proceedings in New York Family Court. That court awarded temporary custody to the Mohammeds and granted visiting rights to Caban and his new wife, Nina. In January 1976, the Mohammeds filed a petition for adoption of the children under section 110 of the New York Domestic Relations Law. The Cabans responded with a cross-petition for adoption in March 1976. A hearing occurred before a Law Assistant to the Surrogate in Kings County, where both parties presented evidence and cross-examined witnesses. The Surrogate granted the Mohammeds' adoption petition. The New York Supreme Court, Appellate Division, affirmed the decision, relying on the Court of Appeals' ruling in In re Malpica-Orsini. The New York Court of Appeals dismissed the appeal, leading to review by the United States Supreme Court.
View caseIndependent adoptions are lawful only in those states that expressly permit natural parents to contract directly with adoptive parents. Other states restrict placements to licensed agencies. The governing statute of the forum therefore controls validity.
Supporting sources
Only a few states allow nonagency professionals such as attorneys to act as intermediaries. Even in permissive states the attorney may perform only ministerial tasks and may not engage in dual representation or active solicitation.
Supporting sources
Yes. When a state permits independent adoptions it still bars unlicensed persons from arranging or facilitating the placement. Conduct such as matching parties, hosting meetings, or charging coordination fees converts the arrangement into an unlawful intermediary placement.
Supporting sources