How it works

In the United States, adoption is a legal process through which an individual or couple becomes the permanent legal parents of a child who is not biologically theirs. This process can occur through various avenues, including domestic private adoption. In domestic private adoption, the pregnant woman (or potential/prospective birth mother) creates an adoption plan for her unborn child and chooses the parents she wants for her child.

Several key steps are involved, including matching prospective birth parents with adoptive parents of their choosing, conducting home studies, and finalizing the adoption in court. The purpose of adoption is to provide children with stable, loving homes while offering birth parents the option to maintain a lasting and loving relationship with their child. The adoption process is regulated by state laws, which can vary significantly across the country.

Adoptions are arranged in one of two ways: independently or through an agency (listed below). Most states allow birth mothers a set period after delivery to finalize their adoption plan, and the length of this period varies by state. (After you’re done here, check out our “Be Confident” page to learn more about some of the legal aspects of the adoption process) 

Independent Adoption. Independent adoptions are arranged without an agency. Also known as Domestic Private Adoption. Prospective birth parents and adoptive parents find each other through attorneys, consultants, or other facilitators (where legal).

• Adoption facilitators: Unlicensed individuals or organizations that match prospective adoptive parents with birth parents—are subject to strict regulation and, in many states, are illegal or have limited use. The legality of adoption facilitators varies across states.
• Adoption consultants: Professionals who guide prospective adoptive parents through the adoption process. They act as advisors, providing information, resources, and personalized support to help their clients (waiting adoptive families) navigate the complexities of adoption. They do not perform legal services, facilitate matches, or conduct home studies, nor do they work with prospective birth mothers looking to create an adoption plan.

Agency Adoption. Two types of agencies handle adoptions:

• Private Agency Adoption: This is also known as Domestic Private Adoption. Private agencies are licensed by the state, but funded privately. They assist in all types of adoptions and serve prospective birth parents, adoptive parents, and children simultaneously.
• Public Agency Adoption: Public agencies are licensed by the regional or state government and operate on public funds. They primarily facilitate adoptions from foster care.

Adoption Types

Different types of adoptions are distinguished by the level of contact between the birth parents, adoptive parents, and the child. As a birth parent, you have considerable control over what adoption type you choose. You will choose a type of adoption based on what level of contact you want, what your state allows, and what agency or attorney you select.

Open adoption. An open adoption allows for an open level of direct contact between the birth parents, adoptive parents, and the child. This type of adoption plan includes exchanging letters and pictures, and visiting with the child depending on what the birth mother and adoptive parents agree to. Birth parents and adoptive parents can have direct contact before and after the adoption. An open adoption can be handled through an agency or independent attorney, depending on state law.

Key outcomes for the birth mother:
• Greater control over the adoption process
• Potential for a role in the child’s life
• Comfort in knowing about the child’s well-being

Mediated adoption (or “Semi-open adoption”). A mediated adoption is a variation of open adoption. Prior to placement, the potential birth parents and adoptive parents exchange mostly non-identifying information. Once the child is placed in the adoptive home, the adopted child may have contact with the birth family that involves pictures, letters, and other forms of communication sent through the adoption agency or the attorney who assisted with the placement.

Key outcomes for the birth mother:
• Some privacy for all parties
• The ability for all parties to have contact
• Comfort in knowing about the child’s well-being

Confidential adoption (“Closed adoption,” “Traditional adoption”). A confidential adoption allows for no direct contact between the birth parents, adoptive parents, and the child. The birth mother (or birth parents) may be given some non-identifying information about the adoptive parents, such as their ages and occupations. The adoptive parents are given information that will help them take care of the child, such as medical or family history. Specific information, including names and addresses, are not revealed to either party. A confidential adoption is not as widely used today as it has been in years past. Confidential adoptions can be handled through an agency or an independent attorney, depending on state law.

Key outcomes for the birth mother:
• Privacy for all parties
• Possible sense of isolation between the child and the birth parents

Have you considered kinship adoption?

This is a type of adoption in which a child is placed with a relative or someone who has a close familial relationship with the child. This can include grandparents, aunts, uncles, or even close family friends. Here are some key points about kinship adoption:

Purpose: Kinship adoption aims to provide stability and continuity for the child by placing them with someone they already know and trust, thereby maintaining family ties.

Legal Process: While the legal process for kinship adoption can vary by state, it generally involves formalizing the adoption through the court system, which may include home studies and background checks.

Benefits: Children in kinship adoptions may experience less trauma compared to traditional foster care or adoption placements, as they often remain in familiar surroundings and maintain connections to their birth family.

Challenges: Although kinship adoption can be beneficial, it may also present challenges, such as navigating family dynamics and addressing any pre-existing relationships between the child and biological parents.

Support Services: Many states offer resources and support services for families involved in kinship adoption to help them adjust and thrive.

Compare & Contract Adoption Types: Open, Semi-Open and Closed: