Embarking on the journey of adoption or foster care is a deeply meaningful decision, but it’s essential to be informed about the legal risks involved, as well as the pros and cons associated with each program. Adoption and foster care both come with their own sets of procedures, advantages, and potential pitfalls.

Understanding the Legal Processes: Private Adoption vs. Adoption from Foster Care
Private Adoption:
Private adoption involves connecting with a birth family directly or through an attorney or licensed adoption agency like Common Sense. The process typically includes home studies, background checks, and legal paperwork for the adoptive family. Services will also be provided to the birth family to collect background information, provide counseling, and complete the termination of parental rights (TPR) and finalization of the adoption.  Adoptive parents work closely with attorneys and adoption professionals to navigate the legal aspects of the adoption process, ensuring compliance with state laws and regulations. The costs associated with this process are the responsibility of the adoptive family.

Adoption from Foster Care:
Adoption from foster care offers the opportunity to provide a permanent home for a child who is no longer able to return to their birth family. The behind-the-scenes legal process involves several key players including a judge/court master, Children & Youth Services, the child’s birth family, a Guardian ad Litem (GAL) for the child, possibly a Court Appointed Special Advocate (CASA) worker, and Common Sense, a licensed foster care and adoption agency. Foster and prospective adoptive parents undergo training, home studies, and background checks. The legal process involves routine placement review hearings during a child’s placement in the foster care system. Once the court determines that a child cannot return home or live with a kinship resource, the process to terminate parental rights (TPR) will begin. Most children in foster care that cannot return to their birth family are adopted by their foster family. The costs associated with this legal process are mostly the responsibility of the county agency that has custody of the child. Families adopting through the foster care system will have most costs associated with this process covered by public programs and adoption subsidy agreements.

Pros and Cons
Private Adoption:
Pros: Private adoption may allow for more control and involvement in the adoption process. It often provides the opportunity for an open or semi-open relationship with the birth parents, allowing ongoing contact and connections. Most private adoptions involve infants that will be placed in an adoptive home at birth. Once a child is placed in your home the adoption can usually be finalized within a few months.

Cons: Private adoptions can be very expensive and may involve longer waiting periods for a match. There is a high degree of risk that a placement will not happen or that the birth family might change their mind after a child is placed. Fees may not be refunded if an adoption fails. There is also a potential risk of facing fraudulent adoption schemes.

Adoption from Foster Care:
Pros: Adoption from foster care typically has significantly lower costs associated with the adoption process, including reduced or waived fees. Families adopting through foster care have an opportunity to get to know a child and understand their needs before committing to adoption. There is typically more information available about the birth family and child. Children can be any age and may even be placed with siblings. There is often an opportunity to develop a positive relationship with the birth family. Additionally, there are many supports available for foster adoptive families to help support the child including financial, therapeutic, and medical care before and after an adoption is finalized.

Cons: The process for adopting from foster care can involve uncertainty and potential placement disruptions. At Common Sense we specialize in placing foster children in adoptive homes and can identify children who are more likely to be adopted from the foster care system. There is still a risk that a child might return home or be placed with a kinship resource. While placements from foster care can occur very quickly, children placed through foster care might also take longer to be legally adopted. Families adopting through foster care often feel they have little control over this process which can be frustrating. Our agency provides significant support to families to help them navigate the foster adoption route.

Legal Risks Associated with Placement:

1. Placement Disruption:
   One of the legal risks in any kind of placement is the potential for disruption after placement. A birth family might decide against placing their child for adoption or a child in foster care might be returned to their birth family or another resource home. Placement disruptions can occur when an adoptive or foster family no longer feels able to meet the needs of a child due to the child’s behavior, unmet expectations of caregivers, or unexpected life events.
2. Fraudulent Adoption Schemes:
   Another risk involves fraudulent adoption schemes, where individuals pose as birth parents seeking financial assistance or adoption facilitators offering unrealistic outcomes. Being vigilant and working with reputable adoption agencies or attorneys is crucial to minimize the risk of falling victim to such scams. Conduct thorough research, verify information, and trust your instincts.
3. Birth Parent Revocation:
   Birth parent revocation refers to the period during which birth parents can reconsider their decision to place their child in a private adoption. The length of this period varies depending on jurisdiction, and it can create uncertainty for adoptive parents. Understanding the specific laws and regulations in your area, as well as establishing open and honest communication with birth parents, can help manage this risk.

Adoption and foster care placements come with legal risks, and it’s important to be prepared for the challenges that may arise. By understanding the legal processes involved, families can make informed decisions that align with their values and circumstances. With the right support, resources, and perseverance, you can navigate the legal complexities with confidence and hope. We encourage you to watch our video series on The Legal Process.