Private or Independent Adoption
A private adoption begins when the adopting and birth parents locate one another, usually through newspaper or internet advertisements or introductions by mutual friends, relatives or acquaintances.
Once the parties locate one another, they begin working together and may enter into what is referred to as an “adoption plan.” This negotiation may be made directly by the parties or through their attorneys. In an independent adoption, the birth parent gives consent to the adoption of his or her child directly to the adoptive parents and legal custody of the child passes directly from the birth parents to the adoptive parents.
Following the child's birth, I will make arrangements with the hospital so that the adoptive parents will have access to the child and arrange for the child to be discharged directly to the adoptive parents. It is important to remember that the birth mother will execute her consent to the adoption only after the child's birth and is usually done at the hospital in the presence of the birth mother’s own attorney.
Just like the birth mother, the birth father of the child must consent to the adoption. If the birth father does not consent, he must be given notice of the proceeding by being served with a show cause order. Many times the birth father is unknown, in which case the court will appoint an attorney to represent his interests and to attempt to find him so that he may provide his consent prior to termination of his parental rights.
I will assist in negotiating a birth plan and post-adoption contact agreement, if desired, by either the birth parents or adoptive parents. And, if the child is born outside of Kansas, I will assist with obtaining approval from the Interstate Compact on Placement of Children (ICPC) .