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Looking for Adoptions Together or FamilyWorks Together? New name, same us. Here’s why!

I Want to Adopt

Legal Questions About Adoption

Adoption can be a wonderful way to build your family. It is a lifelong experience for adopted children and their families that must be based on secure legal grounds. Philosophically, we approach the legal process of adoption in much the same way that we approach the emotional aspects of adoption. We strive to greatly reduce the adversarial nature that characterizes many legal proceedings and replace it with trust and respect for the feelings, rights and responsibilities of parents who are choosing to place a child for adoption and the parents who are making the lifelong commitment to adopt a child.

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Expectant parent holding her stomach

At Adoptions Together, a program of Paths for Families, we consult with experienced and knowledgeable legal professionals in each jurisdiction. We encourage all birth parents to consult with independent legal counsel and welcome working with counsel representing adoptive parents, as well. Each state has different adoption laws and legal procedures. Below you will find explanations that will answer some of the frequently asked questions about the legal process of adopting a child in Maryland, adopting a child in Virginia, and adopting a child in the District of Columbia.

The Process of Adopting a Child in Virginia

Adoptions Together, a program of Paths for Families, opened its Virginia office in 2004. Each year, we provide counseling about adoption to more than 400 birth parents and adoptive families. Learn more about how to adopt a child in Virginia below.

Overview of Virginia Adoption Law

In Virginia, you can adopt a child either with the assistance of a licensed adoption agency or through a direct parental placement between a birth and adoptive family. Adoptions Together, a program of Paths for Families, is a licensed, nonprofit, private child placement agency in Virginia, so we follow the law and procedures relating to adoption from a licensed adoption agency. A birth parent who wishes to place his or her child for adoption with the help of a licensed agency executes an entrustment agreement. The entrustment terminates the birth parents parental rights and authorizes the agency to place the child for adoption. Once the child has been placed with the adoptive parents for 6 months, the adoptive parents may petition the court to finalize the adoption and request that the agency give its consent to the finalization.

How long does a birth parent have to revoke an entrustment?

The entrustment may be revoked until the child is ten (10) days old and at least seven (7) days have passed since the entrustment was signed. In addition, an entrustment may be revoked until the agency places the child in the physical custody of the prospective adoptive parents, even if the entrustment was signed more than 7 days ago and the child is over 10 days old.

Do both parents have to sign the entrustment? What happens if one cannot be located?

If the birth parents are married to each other, both must sign the entrustment agreement. If the birth parents are not married and the identity of the birth father is not reasonably ascertainable or if the man alleged to be the birth father has denied paternity in writing, then the agreement must be signed only by the birth mother. Virginia operates a putative father registry that allows men who wish to be provided notice of their child’s planned adoption to register their interest in their child. If the birth father has not signed the entrustment, the agency will check the Virginia Putative Father registry to determine if any individual interested in the child is registered. If so, he must be provided notice of the entrustment.

What adoption expenses can adoptive parents expect or be required to pay in Virginia?

Usual or customary fees can be paid for the following expenses incurred in connection with the pregnancy, delivery and adoption:

  • Medical expenses and insurance premiums
  • Counseling for the birth mother and the birth father
  • Reasonable and necessary expenses for food, clothing, and shelter when the birth mother is unable to work due to her pregnancy
  • Reimbursement for expenses incurred incident to any court appearance, including, but not limited to, food, lodging, and transportation
  • Fees for legal services
  • Transportation to any of the services provided
  • Child placement agency charges for services rendered

Are Open Adoption Agreements enforceable in court?

Often, birth parents and adoptive parents enter into written agreements about what post adoption contact will take place with one another after an adoption is finalized. Open adoption agreements are legally enforceable in Virginia, although a final adoption cannot be set aside because of a breached post-adoption contact agreement.

Where can I learn more about adoption law in Virginia?

Adoption can be a complicated legal process that varies with every unique situation. It is impossible to provide enough information to cover every question through a website. You should consult an experienced adoption attorney with specific questions.

The Process of Adopting a Child in Washington, DC

Adoptions Together, a program of Paths for Families, has been working as a nonprofit licensed adoption agency in Washington, DC since 1996. During this time, our counselors have worked with hundreds of parents who are considering placing a child for adoption and helped over 1,000 District residents build their families through adoption. Learn more about how to adopt a child in Washington, DC below.

Overview of Washington, DC Adoption Law

In the DC, you can adopt a child either with the assistance of a licensed adoption agency or through a direct parental placement. Adoptions Together, a program of Paths for Families, is a licensed, nonprofit, private child placement agency in District of Columbia, so we follow the law and procedures relating to adoption from a licensed adoption agency. A birth parent who wishes to place his or her child for adoption with the help of a licensed agency executes a relinquishment of parental rights and entrusts to the agency. The relinquishment terminates the birth parents’ parental rights and authorizes the agency to place the child for adoption. The relinquishment is filed with the Court. After the child has been placed with the adoptive parents for a minimum of 6 months, the adoptive parents may file a petition with the court to finalize the adoption and request that the agency give its consent to the adoption.

How long does a birth parent have to revoke a relinquishment?

A relinquishment may be revoked within 14 days of its execution.

Do both parents have to sign a relinquishment? What happens if one cannot be located?

If a birth parent cannot be located, the court may permit the adoption to proceed without the relinquishment of the missing parent.

What adoption expenses can adoptive parents expect or be required to pay in the District of Columbia?

Usual or customary fees can be paid for the following expenses incurred in connection with the pregnancy, delivery and adoption:

  • Medical expenses and insurance premiums
  • Counseling for the birth mother and the birth father
  • Fees for legal services
  • Child placement agency charges for services rendered

Are Open Adoption Agreements enforceable in court?

Often, birth parents and adoptive parents enter into written agreements regarding contact with each other that will occur after an adoption is finalized. Open adoption agreements are legally enforceable in the District of Columbia, although a final adoption cannot be set aside because of a breached post-adoption contact agreement.

Where can I learn more about adoption law in the District of Columbia?

Adoption can be a complicated legal process that varies with every unique situation. It is impossible to provide enough information to cover every question through a website. You should consult an experienced adoption attorney with specific questions.

The Process of Adopting a Child in Maryland

Our staff is especially knowledgeable about the adoption laws of Maryland, having successfully completed the adoption of more than 1,000 Maryland children.

Overview of Maryland Adoption Law

The Maryland adoption law establishes three separate paths to adopt a child in Maryland: adoption with a county department of social services, adoption with a private licensed adoption agency, and private adoption with attorneys. Adoptions Together, a program of Paths for Families, is a licensed, nonprofit, private child placement agency in Maryland, so we follow the law and procedures relating to adoption from a private licensed adoption agency. Two legal proceedings are required to complete an adoption in this way. In the first proceeding, the child’s parents agree to the termination of their parental rights and the appointment of Adoptions Together to serve as their child’s legal guardian. In the second proceeding, Adoptions Together, acting as the child’s guardian, gives its consent to the child’s adoption by the adoptive parents.

How long does a birth parent have to revoke consent?

A parent who voluntarily consents to the termination of his or her parental rights and the appointment of Adoptions Together to serve as the legal guardian of the child has thirty (30) days after signing the consent to revoke the consent.

Do both parents have to give consent? What happens if one cannot be located?

Under Maryland law, both the mother and father of a child must be notified of the guardianship proceeding and either affirmatively give consent to the termination of parental rights or be given the opportunity to object to the termination of parental rights. Notice can be given through direct service of legal papers or through publication in a newspaper and on a specially designated state-operated website. If the non-consenting parent does not object in the specified time period (usually 30,60 or 90 days depending on location), the parent is considered to have voluntarily consented to the termination of his or her parental rights.

Are Open Adoption Agreements enforceable in court?

Often, birth parents and adoptive parents enter into written agreements about maintaining contact with each other after an adoption is finalized. Open adoption agreements are legally enforceable in Maryland, although a final adoption cannot be set aside because of a breached post-adoption contact agreement.

Where can I learn more about adoption law in Maryland?

Adoption can be a complicated legal process that varies with every unique situation. It is impossible to provide enough information to cover every question through a website. You should consult an experienced adoption attorney with specific questions.

What adoption expenses can adoptive parents expect or be required to pay in Maryland?

As of October 1, 2013, adoptive parents can assist birth parents with certain living expenses if the expectant parent cannot work while pregnant. Additional fees that can be paid in connection with an adoption include medical and legal expenses and the agency’s fee for services rendered in connection with the placement of the child.

 

 

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