Types of Adoption

On this page:

Overview of Different Types of Adoption
Independent Adoptions versus Agency Adoptions
Interstate and International Adoptions

Overview of Different Types of Adoption

Bouneff, Chally & Koh assists in all kinds of adoptions, as long as the adoptive parents are committed to providing a loving home and good life for the adoptee and are deemed able to do so through a home study.

• In an Open Adoption, the adoptive parents and child know the identity of the birth mother, and the birth mother and adopted child have some degree of contact throughout their lives. The degree of openness varies based on all parties’ wishes, but usually includes visits. Open adoptions may be arranged with the assistance of an attorney or through an adoption agency.
• In a Closed Adoption, the birth mother does not have any contact with the adopted child after the adoption is completed, and sometimes remains anonymous to the adoptive parents before the birth as well. While we strongly recommend some degree of openness, we do assist in closed adoptions. Closed adoptions may be arranged with the assistance of an attorney or through an adoption agency.
• A Stepparent Adoption is the adoption of a child by the married spouse of the child’s biological parent. These adoptions arise from a desire to legally recognize and protect an existing family relationship, rather than to create a new one. Adoption attorneys play a central role in stepparent adoptions because the process is focused on the execution and filing of legal documents with the court.
• A Second Parent Adoption is the adoption of a child by the unmarried partner of the child’s biological parent. Second parent adoptions allow same-sex couples to share legal responsibility for their children in states where gay marriage is not yet legal. They also allow unmarried straight couples to share legal responsibility for their children. These adoptions arise from a desire to legally recognize and protect an existing family relationship rather than to create a new one. Adoption attorneys play a central role in second parent adoptions because the process is focused on the execution and filing of legal documents with the court.
• In a Single Parent Adoption, one person adopts and accepts sole responsibility for a child. A single parent adoption may be open or closed, and can be arranged with the assistance of an attorney or through an adoption agency.
• In an Adult Adoption, an individual or couple adopts someone who is over the age of 18. All parties must consent to the adoption, including the adoptee. Adoption attorneys play a central role in adult adoptions because the process is focused on the execution and filing of legal documents with the court.
• In a Relative Adoption, an individual or couple adopts a child who is biologically related to them. A birth parent may request that a relative adopt the child, or the birth parents may be deceased or not present. Adoption attorneys play a central role in relative adoptions because the process is focused on the execution and filing of legal documents with the court.
• In an Adoption in a Surrogacy or Gestational Carrier Arrangement, a surrogate enters into a contract to carry a child whom she will relinquish to the intended parents after the birth. Depending on the case, parentage may be established before or after the birth via adoption, pre-birth paternity proceedings, or a declaratory judgment. Attorneys play a central role in surrogacy agreements, whether they are arranged independently or through a surrogacy agency.

Independent Adoptions versus Agency Adoptions

Bouneff, Chally & Koh provides a full range of services for people conducting independent adoptions. In addition, we represent adoptive parents working with agencies by finalizing their adoptions or helping when legal issues arise. We also represent and assist adoption agencies.

• In an Independent Adoption, adoptive parents and birth parents work with separate attorneys throughout the process to plan and execute their adoption. The birth parents select an adoptive family and relinquish their child directly to them. Independent adoptions may offer greater flexibility and lower overall costs than agency adoptions.
• In a Private Agency Adoption, the birth parents relinquish the child directly to the adoption agency, which then places the child with an adoptive family. The birth parents typically select the adoptive family. The birth parents’ interests are usually represented by the agency instead of an attorney, but the adoptive parents will still need to be represented by an attorney for the finalization process and for any other legal issues that arise. Private adoption agencies are licensed and regulated by the state. Agencies may differ in their religious and political philosophies, policies on openness, fee structures, and qualifications for both adoptive and birth parents.
• A Public Agency Adoption is conducted through a government-run state agency that finds homes for children in their care. Public agencies may specialize in placing older or “special needs” children. These children are usually taken into state care when the court has terminated the rights of their biological parents, often in cases of abuse, neglect, or substance abuse. The public agency in Oregon is the Oregon Department of Human Services (DHS); in Washington, it is the Children’s Administration division of the Department of Social and Health Services (DSHS).

Interstate and International Adoptions

Adopting Across State Lines

When adoptive parents and birth parents live in different states, non-relative adoptive parents must adhere to strict legislation governing the transportation of children for adoption across state lines. The Interstate Compact on the Placement of Children (ICPC) has been enacted in all 50 states and the District of Columbia, and requires approval from both the sending and the receiving states. We assist clients with all stages of interstate adoptions.

Adopting Internationally

Many U.S. adoption agencies have established programs with countries around the world to place children of varying ages with families in the United States. Adopting a child from countries such as China and Vietnam can be an appealing option for adoptive parents because of the high numbers of children awaiting homes in such countries.

However, international adoptions can be more restrictive and complicated than domestic ones, especially in countries that are party to the Hague Convention. There are stricter eligibility requirements for parents adopting internationally, and extensive documentation and procedural requirements at the agency, U.S. government, and foreign government levels. Additionally, children adopted from foreign countries may have unknown backgrounds, including medical histories and drug and alcohol exposure that could result in health risks or developmental delays not apparent at the time of adoption.