photo 3AGENCY V. INDEPENDENT ADOPTION

AGENCY ADOPTION

Custody:                                      The Birth Mother (BM) “relinquishes” her parental right TO the Agency and they have ultimate legal responsibility for the child during the supervisory period of six (6) months, although the child is physically released to you from the hospital and remains in your full-time care, as a home-studied/approved adoptive home.

Costs:                                             Each Agency is priced a little differently.  Hope 4 Kids (H4K) will charge the initial home study fee of $2,500 plus they will charge approximately $4,500 to advise the BM, take her relinquishment; provide post-placement services, and write the final report to the court recommending the adoption.  Therefore, the approximate Agency Costs = $7,000

Revocability:                                BM has approximately 15 days (there is not an exact statutory time, but it cannot go much longer than 15 days) to revoke her relinquishment.

Waiver of Right to Revoke:       If BM has been advised by her own independent attorney (Approx. Legal fees = $1,000) about the Waiver and she wishes to Waive that right she may do so at the same time she signs the relinquishment.

AAP:                                     “AAP” is: Adoption Assistance/Subsidies.  These benefits are possibly available if you do an agency adoption.  However, there must be some basis underlying the Application, such as: BM used illegal substances during the pregnancy, she exposed the unborn child to other physical risks, she is at risk medically, the child has some diagnosable condition, child born premature and may have other complications, etc.  The AAP amount is equivalent to the County Foster Care Rate, which in California is approximately $775.  That amount could continue monthly until the child is 18, and can change/be increased if the child needed other services.  Therefore, AAP is a significant reason why we want Agency Adoption as an option for our clients!

Legal Fees:                                     This PLC bills on an hourly basis and the cost of every adoption can be different.  The time involved in an Agency Adoption is about the same as an Independent Adoption, and therefore should not be a deciding factor in choosing Independent versus Agency Adoption.

INDEPENDENT ADOPTION

Custody:                                       The BM “places” the child directly with you and gives you physical and legal custody directly after birth.  You maintain ultimate legal responsibility for the child during the supervisory period of six (6) months after placement.

Costs:                                    There is a statutory fee of $4,500 for an independent adoption.  However, IF you have a homestudy at the time of the child’s birth, then that fee must be reduced by law to $1,550. The $1,550 fee is paid to the State Department of Social Services which will be the agency doing post-placement supervision and the final adoption report.   Therefore, you total Independent Adoption/Agency fee is $2,500 + $1,550 = $4,050 (approx. $2,950 less than an Agency Adoption)

Revocability:                                 BM has a 30-day statutory period to revoke her relinquishment.

Waiver of Right to Revoke: If BM has been advised by her own independent attorney (approx. Legal fees = $1,000) about the Waiver and she wishes to Waive that right she may do so at the same time she signs the Placement Agreement.

AAP:                                                      “AAP” is: Adoption Assistance/Subsidies.  These benefits are NOT available if you do an Independent Adoption.  However, if the child has special needs that would qualify the child for Social Security as a disabled child (which are pretty substantial) then an Application may be filed by the State Department of Social Services and the child may receive AAP.

Legal Fees:                                          This PLC bills on an hourly basis and the cost of every adoption can be different.  The time involved in an Agency Adoption is about the same as an Independent Adoption, and therefore should not be a deciding factor in choosing Independent versus Agency Adoption.

Please discuss these between yourselves, then we will discuss this after your home study is completed.  Whether you are going Independent or agency is not really a factor in the home study process.  The key is to just get it completed at this time!

We look forward to working with you!

 

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