If you are want to adopt an American baby, the domestic infant adoption laws and regulations can feel overwhelming to you and your spouse, as if you were navigating a boxwood-hedge labyrinth. But if you are persistent and patient, you may eventually emerge from the maze holding your baby.
U.S. Adoption History
Until 1850, most American adoptions were "open" adoptions, in which an orphaned child was informally handed over to another family, a process described on Ohio State University's Web page, "The Politics of International Adoption." Massachusetts passed the first state adoption law in 1851.
Open adoptions lost popularity due to post-1950 views of unwed mothers as mentally disturbed deviants. Most states passed laws sealing adoption records, encouraging "closed" adoptions, in which adopted children--adoptees--were permanently cut off from their birth families. Protests from birth parents and adult adoptees against closed adoptions resulted in open adoptions regaining popularity.
First Steps
Review your state's adoption laws. The Adoption and Child Welfare Lawsite provides a summary of each state's adoption laws, which differ from one state to the next. Check your state's policies to see if you are allowed to adopt in your state. For example, some states will not let gay couples adopt children.
Because the majority of adoptions are now "open," consider how you feel about interacting with your baby's birth family throughout the baby's childhood. Examine your finances, and determine whether you can afford $5,000 to $40,000 in court costs, birth mother expenses, and home study fees. If these costs are too high, consider adopting a child from foster care, which is much cheaper.
Common Elements
While the state adoption rules differ, there are common elements to most adoptions. Decide whether you prefer advertising for a birth mother, working with a private adoption agency or adopting a child through the public foster care system.
Arrange for a home study, in which a social worker will visit your home and assess your suitability to parent a child. Once your home study is approved, you can begin your search for a baby.
Final Procedures
When you have found a child, and the child's birth mother or adoption agency social worker has selected you as the child's future parent, the child will come to live in your home. You will then file a legal petition expressing your intention to adopt the child. Hire an adoption lawyer to assist you. The National Center for Adoption Law and Policy can help you find a lawyer in your area.
You will subsequently have a court hearing where a judge approves the adoption. You will receive an amended birth certificate, identifying you as the child's parent, and an adoption certificate.
Additional Resources
The complicated nature of the adoption process can be intimidating, but there are ways to make it easier. You can download an "Adoption Planner" from the Adoptive Families website, which meticulously covers every detail. A National Adoption Center essay, "Domestic Information on Adoption," provides a sequential, easy to understand outline of each stage of the adoption process.
