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Are you thinking about domestic infant adoption?
What is Domestic Infant Adoption in California?
Domestic infant adoption in California is a legal process in which a newborn baby is placed voluntarily by the birth parents with an adoptive family they select. Unlike international adoption or foster care, domestic infant adoption includes newborns directly placed after birth via:
- An independent adoption through an adoption attorney or
- A private adoption agency
This adoption process allows birth parents to have full control over choosing the level of post-adoption contact (closed, semi-open, and open adoption), creating a customized adoption plan, and selecting the adoption family. Birth mothers usually opt for semi-open and open adoption, which enables them to know about their baby’s safety, get photos and regular updates, and have ongoing communication with the adoptive family. California adoption law provides:
- An ethical and clear framework to provide for the baby’s best interest
- Financial assistance and emotional support to birth mothers during and shortly after the adoption process
- Legal protection for birth parents and adoptive families
How Domestic Infant Adoption Works in California?
In California, domestic infant adoptions, the birth mother places her newborn with the adoptive family that she selects, mostly at the hospital just after giving birth. This process is based on legal procedures and mutual choice that safeguards all parties. Adoptive parents are obligated to complete various steps before they are considered eligible to adopt.
1. Initial Steps for Adoptive Parents
Choosing an Adoption Path: California law allows independent and licensed agency adoptions. In independent adoptions, the birth mother places the baby directly with the adoptive family she selects and custody transfers from her to the adoptive family directly. This type of adoption placement is handled exclusively by adoption attorneys but also involves an independent adoption social worker called an Adoption Service Provider. In a California adoption agency placement the birth mother places custody of the baby into the adoption agency and the adoption agency takes custody of the baby. The birth mother can identify the specific family she wants the agency to place the child with or can opt to have the agency select the family. If she selects the family it is called an identified placement. In identified placements the baby must be placed with the family selected by the birth mother.
Create an Adoption Profile: Adoptive families will prepare a family profile where they will show pictures of themselves and introduce themselves to the birth mothers.
Complete a Home Study: A home study is an evaluation process for the adoptive family's overall readiness to adopt, their safety around children, their financial stability, lifestyle, and the safety of their home. This evaluation is conducted by the California Department of Social Services or a public or private adoption agency licensed by CDSS.
2. Connecting with a Birth Mother
Types of Adoptions: Closed, semi-open, and open adoptions are available. Only adoption agencies are able to place a child through a closed adoption. Closed adoptions are very rare. Most adoption placements are semi-open adoptions. In semi-open adoptions, the parties choose each other and go through the pregnancy together but they don’t see each other after the birth. Instead, they stay in communication through a picture and letter exchange after once or twice a year. In open adoptions, contact is the same as semi-open adoption but there are visits after placement. In very open adoptions, it is typical for birth families to be included at special events like a birthday, graduation, or wedding. In all adoptions, all parties agree in advance as to the level of contact they wish to have. California allows the parties to enter into a binding contact agreement or they can simply agree to contact without having it be legally enforceable.
Birth Mother's Choice: Birth mothers choose the adoptive family. Indeed, in independent adoptions, a birth parent can’t delegate the decision to someone else. She must choose the family. Choosing the family and having a connection is why domestic open adoption is so beneficial to all parties involved.
3. Finalization and Legal Process
Agency Supervision: Either California Department of Social Services or a public or private adoption agency will conduct post-placement visits while the adoption is pending and it will submit a report to the Court recommending whether the adoption should be granted.
Hospital Placement: The baby is placed directly with the adoptive family after birth at the hospital.
Finalization in Court: Legalizing the adoption is done by the judge. At the adoption finalization, the adoptive parent(s) become the parents of the child who then has all of the rights of a natural child of the adoptive parent(s) including the right of inheritance.
4. Financial Considerations and Costs
Options for Financial Aid: In addition to grants, adoptive parents are typically eligible for a federal adoption tax credit of approximately $17,000. Many companies also have adoption benefit programs where employees are given a stipend by their employer to assist with adoption costs. Cost Range: Domestic infant adoption in California can cost from $30,000 to $70,000, depending on the services used and type of adoption. The federal tax credit, employee benefit programs, and grants can greatly reduce the cost of the adoption.
Wait Times: Wait times vary. The components to wait times are how effective the adoption program is at presenting family profiles to birth mothers, what requirements the adoptive family has for gender, race, ethnicity, health, twins, level of openness, etc. and the family profile they create.
5. Additional Considerations
Legal Requirements: Follow the guidelines given by the CDSS (California Department of Social Services).
Preferences: Birth mothers and prospective adoptive families can have requirements or filters that the adoption agency or adoption attorney must apply before presenting options. These often are marriage, race, ethnicity, health, religion, age, level of contact, etc.
Identified vs. Independent Agency Adoption in California
Domestic infant adoption in California is based on 2 main paths: identified agency adoption and independent adoption. Both options enable adoptive families and birth parents to choose the path that is best according to their needs.
- Independent Adoption: It allows the birth mother to directly work with the adoptive family. This includes both legal and physical custody without any agency’s involvement. A home study is required by the law, and this process is more flexible and faster. This is managed by an independent social worker and an independent adoption attorney.
- Identified Agency Adoption: It allows the birth mother to select adoptive parents and place the baby through a private licensed adoption agency. The agency will have legal custody until the adoption is successfully finalized.
In any such case, experienced adoption professionals at AdoptHelp will help you to finalize the adoption in court, terminate birth father rights, and guide you through every legal step.
Common Questions People Ask About Domestic Infant Adoption in California
How long does domestic infant adoption take in California?
The timeline for adopting an infant varies in California. With a licensed agency, the home study process takes 2-4 months on average. After the approval, placement occurs typically between 6 and 18 months but varies depending on levels of exposure and levels of openness.
What disqualifies adoptive families from adopting in California?
Adoptive families could disqualify you from adopting if you are an ongoing substance user, have sexual offenses, did domestic violence, or have a criminal history of child abuse.
How hard is it to adopt a child in California?
Adoption in California is not very difficult, but it requires meeting basic requirements like fingerprinting, Child Abuse Central Index screening, and background checks.