What is an independent adoption?

An independent adoption is a type of adoption that is conducted without an agency or public adoption entity in the middle. This type of adoption typically occurs between a family or individual who knows or has an established or existing relationship with an expectant mother or birth parents. The adoptive parents may use an attorney to facilitate the legal process, but generally the adoption is handled independently. In California, independent adoptions are governed by the Family Code sections 8700-8727, which sets forth the procedures for such adoptions. This type of adoption is often preferred by birth parents and adoptive parents who wish to have an open or semi-open adoption in which the birth parent and adoptive parent can remain in communication and exchange information. Generally, the process will involve meeting with a court investigator to ensure that the prospective adoptive parents are suitable for adoption. The paperwork must then be filed with the court, and if approved, the court will order a post-placement home study. The adoption becomes final when the court issues a final decree of adoption. Independent adoptions are often complicated, but they can be rewarding experiences. In California, they must follow the procedures set forth in the Family Code in order to be legally valid. It is important that the prospective adoptive parents and birth parents seek legal advice and representation to ensure the adoption is properly handled.

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