Also known as: private placement adoption · private-placement adoptions · private adoption · independent adoption · direct-placement adoption
Written by attorneys — see sources below.
A method of adoption in which the natural parents contract directly with the adoptive parents to place the child. The arrangement is lawful in some states but not others, and even where permitted most jurisdictions bar nonagency private persons from serving as intermediaries.
Pamela Phillips, a pregnant woman in State X, meets with Parker Phillips and Priscilla Parks, a married couple seeking to adopt. The three execute a written agreement under which Pamela will relinquish her parental rights directly to the couple upon birth. No licensed agency participates. Because State X expressly authorizes independent adoptions, the direct placement proceeds to court approval without agency involvement.
Perry Pratt and Portia Price sign a private agreement with a birth mother before the child's birth, promising to adopt the newborn in exchange for payment of medical expenses. After the birth the mother revokes consent. A court refuses to enforce the pre-birth contract, treating it as an unenforceable agreement to form a familial relationship.
J.B. and M.B. were married in February 1992. After J.B. suffered a miscarriage early in the marriage, the couple encountered difficulty conceiving a child and sought medical advice from the Jefferson Center for Women’s Specialties. Although M.B. did not have infertility problems, J.B. learned that she had a condition that prevented her from becoming pregnant. On that diagnosis, the couple decided to attempt in vitro fertilization at the Cooper Center for In Vitro Fertilization, P.C. The in vitro fertilization procedure was carried out in May 1995 and resulted in eleven preembryos. Four were transferred to J.B. and seven were cryopreserved. J.B. became pregnant and gave birth to the couple’s daughter on March 19, 1996. In September 1996, the couple separated, and J.B. informed M.B. that she wished to have the remaining preembryos discarded. M.B. did not agree. J.B. filed a complaint for divorce on November 25, 1996, in which she sought an order from the court with regard to the frozen embryos. In a counterclaim filed on November 24, 1997, M.B. demanded judgment compelling his wife to allow the frozen embryos currently in storage to be implanted or donated to other infertile couples. J.B. filed a motion for summary judgment on the preembryo issue in April 1998, certifying that she had intended to use the preembryos solely within her marriage to M.B. M.B. filed a cross-motion in July 1998, certifying that the couple had agreed prior to the procedure that any unused preembryos would not be destroyed but would be used by his wife or donated to infertile couples. His mother, father, and sister also certified that J.B. had stated her intention to either use or donate the preembryos. The couple’s final judgment of divorce, entered in September 1998, resolved all issues except disposition of the preembryos. The trial court granted J.B.’s motion for summary judgment on that issue. The Appellate Division affirmed the judgment in J.B. v. M.B., 331 N.J. Super. 223, 751 A.2d 613 (2000). The Supreme Court granted certification in 2000.
View caseIn private-placement adoption the natural parents contract directly with the adoptive parents. In agency adoption a licensed agency takes legal custody and selects the adoptive family. Both forms exist, but only some states permit the direct private form.
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Only a few states permit nonagency private persons such as doctors or lawyers to act as intermediaries. Most states that allow independent adoptions still require that any intermediary be a licensed agency or limit private professionals to purely ministerial tasks.
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No. Even in states that allow direct parent-to-parent agreements, unlicensed entities that actively match parties, negotiate terms, or charge fees for coordination usually violate intermediary restrictions and render the arrangement unlawful.
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The pre-agency actions by unlicensed persons typically violate state prohibitions on private intermediaries. Later involvement of a licensed agency may satisfy formal custody and selection requirements but does not necessarily cure the earlier unlawful intermediation.
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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…