PRIVATE ADOPTION VS. AGENCY ADOPTION
By Barbra Silverman, LMSW-ACP

It is important to understand the differences between a private and agency adoption when beginning the adoption process. Laws regulating adoption vary from state to state so it is critical to do research and know the laws (or hire an attorney familiar with adoption laws) in the state where your adoption is going to occur. Independent/private adoptions are legal in the State of Texas, but some states do not allow independent/private adoptions.

An adoption agency is a business incorporated as either a non-profit or for-profit entity. It is licensed by the state to place children for adoption and to conduct home studies; some agencies only conduct home studies. Agencies are required to follow child-placement standards established by the Texas Department of Family and Protective Services and they are monitored on a regular basis to assure they are in compliance with these guidelines.

Typically, in an agency adoption, the staff determines the appropriateness of a potential match and presents available families to an expectant woman for consideration. Once a family is selected; then a meeting is set up between the parties. The agency staff is usually present at the meeting to offer support to all of the parties involved. The agency staff also plays an integral part at the hospital and during the placement process.

In an independent adoption, the birth parents and adoptive parents usually find each other through advertisement or a personal referral by a mutual friend or acquaintance. They then hire an attorney to handle the legal part of the process and there is no agency involved.

An independent adoption may be the expectant woman’s first choice – twice as many birth mothers choose independent adoption over agency adoptions – because she feels she has more control over the process. This was probably more true in the past than it is today. Most agencies today follow the lead of what the expectant woman wants and encourage her to be more actively involved in the process. She has more say in the level of contact she wants with the adoptive parents both before and after placement.

The most critical difference between an independent and agency adoption in the State of Texas is the disbursement of money for living expenses. In an independent adoption, adoptive parents can only pay medical, legal and counseling expenses. If birth parents need any type of living expenses; theses expenses must be paid through a licensed agency. Minimum standards are very specific, and somewhat restrictive, on what can be paid and require that payment of these expenses be paid directly to the entity itself (apartment complex or utility company) rather than to the birth mother. These rules protect adoptive families from being taken advantage of financially.

Private adoptions legally differ from agency adoptions as well. In a private adoption; the birth parents place their baby directly with the adoptive family and sign legal papers naming the adoptive parents as the “conservators” (guardians) of the child. In an agency adoption; the birth parents typically sign custody to the agency. The agency monitors the placement during the six month supervision period and then the agency transfers their conservatorship to the adoptive parents when the adoption is ready to be finalized.

There is a third type of adoption that is a combination of the independent and agency adoption called a designated or identified adoption. In this situation, the birth parents and adoptive parents usually get connected through a third party (friend, relative, co-worker, etc) which is similar to an independent adoption, but then the parties go to an agency to complete the home study and/or to provide counseling and support services to the birth parents. This may benefit all parties involved because they can get the guidance and support they need during this important event in their lives.

Barbra Silverman, LMSW-ACP is a licensed clinical social worker with 25+ years of child-placement experience and conducts home studies for all types of adoptions.