Adoption can be a meaningful way to grow a family, but the process involves many important decisions. One of the first choices prospective adoptive parents in Washington must make is whether to pursue independent adoption or agency adoption.
Christina T. Sherman, PLLC in Pierce County, Washington, is here to guide you through this decision. Each path involves its own structure, responsibilities, and legal requirements. When weighing these options, it’s important to examine not only your personal goals but also how adoption law affects each approach. Read on to see how our firm differentiates these options.
The Basics of Independent and Agency Adoption
Independent adoption, often referred to as private adoption, typically involves a direct connection between the birth parents and the adoptive parents without the use of a licensed adoption agency.
In Washington, this route often includes the involvement of attorneys, social workers, and medical professionals, but doesn’t rely on a state-licensed child placement agency. Communication between the adoptive family and the birth family is often more direct, and in many cases, the two parties may meet and work out arrangements before the child is born.
On the other hand, agency adoption involves working with a licensed adoption agency. These agencies are authorized by the state of Washington to place children with adoptive families. Agencies typically manage most aspects of the process, including screening, matching, counseling, and legal steps. This can offer prospective parents a more structured experience.
Legal Considerations in Washington Adoption Law
Adoption law in Washington governs both independent and agency adoptions, and while the requirements may overlap, there are differences in how the law applies to each method. For example, both types of adoptions require home studies, background checks, and consent from the birth parents.
However, agency adoptions often have internal procedures that go beyond what the state mandates. Adoption law in Washington requires that any party facilitating the placement of a child for adoption must follow legal protocols to protect the rights of both the birth parents and the adoptive parents.
In independent adoptions, attorneys play a crucial role in seeing that these rights are respected, including proper consent procedures and compliance with the Interstate Compact on the Placement of Children (ICPC) when applicable. An experienced attorney can also help you address financial implications and help you plan for associated costs.
Financial Implications and Planning
Costs can vary significantly between independent and agency adoptions. Independent adoptions may involve fewer administrative fees, but families may still be responsible for medical expenses, legal fees, and court costs.
Because the adoptive parents in an independent adoption often hire their own attorney and may support certain expenses for the birth mother, budgeting is essential. Agency adoptions generally include a broader set of services, such as counseling for both parties, placement support, and post-adoption services.
These offerings are reflected in the agency’s fees, which can be substantial. In Washington, agencies must follow adoption law regarding allowable expenses and documentation, so transparency in financial transactions is expected. Prospective adoptive parents should consider the following common costs:
Attorney’s fees (more common in independent adoption)
Agency service fees (exclusive to agency adoptions)
Medical care for the birth mother
Court filing fees
Travel expenses (if applicable)
Post-placement supervision and reporting
Financial planning and a clear grasp of what each adoption route entails in terms of costs can influence which path feels more sustainable, allowing you to make the right decision for your family.
Decision-Making and Control
One of the primary reasons families consider independent adoption is the potential for greater control over the process. They may select the birth parents, maintain direct communication, and make mutual decisions regarding the adoption arrangement.
This can lead to a more tailored experience, especially for those who want to be closely involved in the pre-placement phase. However, this increased level of involvement also means the adoptive family takes on more responsibility.
There’s no agency to handle screening or mediation, and this can add emotional and administrative pressure. In contrast, agency adoption shifts much of the responsibility to the organization. Agencies perform background checks, home studies, and birth parent assessments.
They’re also equipped to handle crisis situations, such as a birth parent changing their mind, and they often provide counseling to all parties involved. While this can offer peace of mind, it also means that the adoptive family may have less influence over key decisions during the process. If this is the case, support services could be more valuable than ever.
Access to Support Services
Agency adoptions in Washington often include counseling, education, and post-placement services. These resources can be valuable for families who want continued support after the child comes home. Many agencies provide ongoing check-ins, referrals for therapeutic services, and help with birth parent communication.
Independent adoptions don’t automatically include these types of services. If a family wants access to counseling or other forms of support, they may need to find those services separately.
While some attorneys who work in adoption law may refer families to qualified professionals, the burden of coordination typically falls to the adoptive parents. Support needs vary. Some families are comfortable arranging their own resources, while others benefit from the ongoing involvement of an adoption agency.
Timing and Process Length
The length of time it takes to adopt can vary widely in either method, but some general patterns emerge. Independent adoptions, especially those arranged before birth, may move more quickly.
Once the child is born and consents are signed, the placement may proceed without significant delays, provided that all legal steps under Washington adoption law are followed correctly.
Agency adoptions may take longer, particularly because of the structured nature of their placement process. Agencies may have waitlists, strict screening processes, and limited child availability depending on the type of adoption. However, they also manage the process from beginning to end, which can make the wait feel more manageable for some families.
It’s also worth noting that disruptions—when an adoption doesn’t go through after an initial match—can happen in either scenario. Agencies may have policies for helping families in such cases, whereas in independent adoption, the adoptive family may need to address these issues through their legal counsel.
Relationship With Birth Parents
The nature of the relationship with the birth parents often depends on the type of adoption chosen. In independent adoption, open communication is more common, and the adoptive parents and birth parents may agree to ongoing contact.
Washington adoption law allows for open adoption agreements, although these agreements aren’t legally enforceable in all circumstances. With agency adoption, the agency often serves as a mediator between the adoptive family and the birth family.
This can create a more formal relationship and may be preferable for those who want some distance or structure. In either case, clarity about expectations, boundaries, and contact arrangements is essential.
Adoption Law and Court Procedures
Adoption law in Washington sets specific standards for filing, consent, and finalization of adoption. In both types of adoption, court approval is required for the adoption to be finalized.
In independent adoption, this process is often managed by the attorney representing the adoptive family. The court will review documents, check that the rights of the birth parents have been lawfully addressed, and confirm that the child’s best interests are being served.
Agencies handle these matters internally and often appear in court on behalf of the adoptive family. Because they’re regulated by the state, they must follow strict procedures in documenting consent, conducting home studies, and preparing the necessary court filings.
Adoption law also addresses post-placement requirements. For example, in Washington, a post-placement report is typically required before the adoption can be finalized. This report is completed by a social worker and covers how the child is adjusting to the new home. All of which has an impact on emotions, which run high during these transitional periods.
Ethical and Emotional Considerations
The ethical dimensions of adoption are significant in both independent and agency adoptions. Transparency, informed consent, and the welfare of the child are central concerns. Agencies are subject to state monitoring, which can help maintain certain standards. Independent adoptions rely more heavily on the integrity of the parties involved and the guidance of legal professionals.
Emotionally, the adoption process can be challenging. Some families feel more supported working with an agency that offers counseling and preparation programs. Others may find that a direct relationship with the birth family provides a deeper sense of connection and meaning.
Washington’s adoption law doesn’t dictate which route is superior, but it does set standards to protect the involved parties. Adopting families should reflect on their ability to manage the responsibilities of either path, especially in emotionally charged situations.
Connect With Our Firm Today
Adoption isn’t a one-size-fits-all process, and making a careful, informed decision can make a significant difference. By weighing the specific features of both independent and agency adoption against your circumstances, you can choose the path that supports a stable and ethical adoption experience—one that meets both your family’s needs and those of the child. If you need guidance with this important decision, turn to Christina T. Sherman, PLLC in Pierce County, Washington.