Also known as: direct placement adoption · direct-placement adoptions · direct placement adoptions · independent adoption · private adoption
Written by attorneys — see sources below.
A form of adoption in which natural parents contract directly with adoptive parents to place a child without using a licensed adoption agency as intermediary. The arrangement is lawful only in jurisdictions that expressly authorize independent or private placements and may further restrict who may facilitate the transaction.
Maya, a pregnant client in State X, asks Attorney Lopez to place her newborn with Jordan and Riley, a couple from State Y. Lopez drafts a direct agreement under which Maya consents to relinquish the child straight to the couple. Because State X permits independent adoptions, the absence of any agency involvement does not invalidate the placement.
A birth mother in South Carolina arranges for her child to be adopted by a couple in another state through direct negotiation and consent. When the biological father later contests the placement, the court must determine whether the direct agreement satisfies state requirements for independent adoption or whether additional statutory protections apply.
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 caseIn a direct-placement adoption the natural parents contract directly with the adoptive parents rather than routing the placement through a licensed agency that takes custody and selects the family. Some states authorize this structure while others require agency mediation.
Supporting sources
Only a few states permit private nonagency persons to serve as intermediaries. Most jurisdictions that allow independent adoptions still require any facilitator to be a licensed attorney acting within narrow ministerial limits or prohibit unlicensed intermediaries entirely.
Supporting sources
No. Even where direct agreements between birth and adoptive parents are lawful, many states bar unlicensed intermediaries from actively matching parties, coordinating meetings, or charging fees for placement services.
Supporting sources
…(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…