Also known as: private adoptions · independent adoption
Written by attorneys — see sources below.
A statutory process allowing natural parents to contract directly with adoptive parents for placement of a child without involving a licensed adoption agency. This form of adoption is permitted only in certain states and often restricts non-agency professionals from serving as intermediaries.
Preston Pratt, a birth father in State X, contracts directly with Phoebe Park and Paul Peterson, a married couple seeking to adopt. State X permits independent adoptions, so the parties execute a placement agreement without any licensed agency. The court reviews the consents and approves the adoption because the direct contract satisfies the statutory requirements for a valid independent placement.
A birth mother places her child through a private adoption arrangement with a non-Indian couple in South Carolina. The biological father, a member of the Cherokee Nation, receives notice four months after birth and contests the adoption. The court must determine whether the private placement complies with federal placement preferences before finalizing the adoption.
In December 2008 Birth Mother, who is predominantly Hispanic, and Biological Father, a member of the Cherokee Nation, became engaged. One month later Birth Mother informed Biological Father that she was pregnant. After learning of the pregnancy Biological Father asked Birth Mother to move up the wedding date but refused to provide financial support until after they married. The couple's relationship deteriorated and Birth Mother broke off the engagement in May 2009. In June 2009 Birth Mother sent Biological Father a text message asking whether he would rather pay child support or relinquish his parental rights; Biological Father responded via text that he relinquished his rights. Birth Mother decided to place the child for adoption. Working through a private adoption agency she selected Adoptive Couple, non-Indians living in South Carolina. Adoptive Couple supported Birth Mother emotionally and financially throughout the pregnancy and were present at Baby Girl's birth in Oklahoma on September 15, 2009. The next morning Birth Mother signed forms relinquishing her parental rights and consenting to the adoption. Adoptive Couple initiated adoption proceedings in South Carolina a few days later and returned there with Baby Girl. It is undisputed that for the duration of the pregnancy and the first four months after Baby Girl's birth, Biological Father provided no financial assistance to Birth Mother or Baby Girl. He had the ability to do so. Approximately four months after the birth Adoptive Couple served Biological Father with notice of the pending adoption. Biological Father signed papers stating that he accepted service and was not contesting the adoption, but later testified that he thought he was relinquishing his rights to Birth Mother. Biological Father contacted a lawyer the day after signing the papers and subsequently requested a stay of the adoption proceedings. In the adoption proceedings Biological Father sought custody and stated that he did not consent to the adoption. A paternity test verified that he was Baby Girl's biological father. A trial took place in the South Carolina Family Court in September 2011 by which time Baby Girl was two years old. The Family Court denied Adoptive Couple's petition for adoption and awarded custody to Biological Father. On December 31, 2011 at the age of 27 months Baby Girl was handed over to Biological Father whom she had never met. The South Carolina Supreme Court affirmed the Family Court's denial of the adoption and the award of custody to Biological Father. The Supreme Court granted certiorari.
View caseIndependent adoption occurs when natural parents contract directly with adoptive parents without a licensed agency serving as intermediary. Agency adoptions require the licensed entity to take legal custody and select the adoptive family. Only some states permit the direct-contract model.
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Only a few states permit private persons such as non-agency doctors or lawyers to act as intermediaries. Most states that allow independent adoptions still require any intermediary to be a licensed agency or limit private professionals to purely ministerial tasks.
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No. When unlicensed entities perform the core matching and negotiation functions before any licensed agency participates, the arrangement violates prohibitions on private intermediaries even if a licensed agency later takes custody.
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Dual representation typically violates state limits on private intermediaries because it creates conflicts of interest and exceeds ministerial legal tasks. The placement is therefore impermissible even if the parties reached a direct agreement.
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…(a member of the Cherokee Nation) agreed to relinquish his parental rights. Birth Mother put Baby Girl up for adoption through a private adoption agency and selected Adoptive Couple, non-Indians living in South Carolina. For the duration of the pregnancy and the first four months after Baby Girl’s birth, Biological Father provided no…