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Adopting an unborn child “placed” with you by the birth parent(s)

If you have met with the birth parent or parents and they have agreed to “place” their unborn child with you, you may be able to use the independent adoption process.

Before you start

In this situation, the birth parent or parents typically meet with you and agree to “place” their unborn child with you. This choice is based upon their personal knowledge of you and your background.

Usually you and the birth parent(s) are not related. If you are related, that is considered a relative adoption.

Keep in mind that both birth parents must be advised of their rights in the adoption process. Both birth parents must also consent to the adoption. If you cannot reach or identify one of the birth parents, or if one of the birth parents does not consent, you will have additional steps to take. In some cases, the adoption cannot move forward without consent.

There are certain requirements for out-of-state placements. Learn more
You may be in California and adopting a child born outside of California. Or you may live outside of California and the birth parents and/or the child lives in California (or will be born in California). In these situations, you must first follow certain processes under the Interstate Compact on the Placement of Children (ICPC). Reach out to your court's Self-Help Center or talk to lawyer who is familiar with ICPC before you proceed.

 

It is important to either consult your Self-Help Center or talk to a lawyer who is familiar with adoptions. This kind of adoption can involve several difficult steps, depending on your situation.

 

Prepare to adopt

  • Choose an adoption services provider (ASP)

    One of the first steps is to choose an Adoption Services Provider (ASP). The ASP is an individual or an adoption agency personnel who is licensed and certified by the State of California. The role of this person is to:

    • Explain to the birth parent(s) their rights in the adoption process (prior to “placing” the child with you)
    • Witness the signing of documents

    There is a listing of all providers who have been licensed as an ASP on the California Department of Social Services website. You can see the list by agency or the list by individual.

    The ASP will charge a fee. You must pay the fee as the adoptive parent(s).

  • Determine who is going to conduct your home study

    Every independent adoption situation requires a home study of the adoptive parents. A home study can be conducted by either:

    If you need more information about what office or agency can conduct your home study, you can visit the State Department of Social Services website.

    If you live out of state and the birth parent(s) are in California, you can have your home study done in your state. The California Department of Social Services or adoption agency will review and approve the home study. Portions of the home study will become part of the ICPC process.

     

    You must pay the home study fees as the adoptive parents. Learn more
    A state Department of Social Services (DSS) office or an agency will charge a fee (typically $4,500 total). They start the home study process after you have paid at least 50% of the fee. Once 50% is paid, they have 45 business days to interview you and 180 days to complete their entire home study process. Once 100% of the fee is paid, they will submit a full report to the court with their recommendation regarding the adoption.

    When you call an office or agency about a home study, be sure to check that they conduct home studies and ask what the fee is. If you can’t afford the fee, ask them if the fee reduction process is available. If yes, you can use this form to try to reduce the fee.

     

    You can do a pre-approval home study while you are still looking for a child to adopt. 

    You may ask an office or agency if they offer a pre-approval process. This will save time once the child is “placed” with you as most of the home study paperwork should already be completed. You will be required to pay half of the home study fee at that time as well.
     

  • Wait for the advisement and signing of forms

    The adoption service provider (ASP) will set up a meeting with each placing birth parent and advise them of their rights in the adoption process.

    This part of the process is called advisement. Learn more
    Some of the rights of each placing birth parent include:
    • Having a separate attorney during this process. You as the adoptive parent(s) would be responsible for paying this attorney (up to $500)
    • Having up to 3 counseling sessions paid for by you
    • Taking back (revoking) their consent to the adoption within 30 days after signing the Adoption Placement Agreement. The birth parent(s) are allowed to revoke consent unless they sign a waiver. The waiver has requirements and the ASP or agency personnel conducting your home study can tell you these requirements.

    Advisement must occur at least 10 days prior to signing the APA and after the child is released from the hospital. If the birth mother must stay in the hospital longer than the child, her physician can confirm her competency and she can sign in the hospital.

    After at least 10 days have passed from the advisement, the ASP will meet with the placing birth parent(s) again to make sure that all the necessary forms and rights are reviewed again. They will also witness the signing of these forms:

    • Adoption Placement Agreement (APA)
    • Statement of Understanding
    • Declaration of Parent (this form must be completed if the birth mother does not know the whereabouts or identity of the birth father)
    • Background Information form
    • Medical release forms
    • Form ICWA-020
    If you agree to have contact with the birth parents after the adoption, you may sign an additional form. Learn more
    A post-adoption contract agreement can describe ongoing contact after the adoption is finalized. It is usually discussed before placement. Sometimes the birth parent picks you because you have agreed to some type of ongoing contact.

    The Contact After Adoption Agreement (form ADOPT-310) should be filed at the same time as the adoption petition, but it can really be filed any time prior to finalization.

     

    illustration of some paper forms with signature

    If you have questions about these forms or the timing of the signing of these forms, you should direct those questions to the Adoption Services Provider (ASP).

  • Complete and sign paperwork

    You will sign several forms:

    Adoption Placement Agreement

    You will sign this agreement in the presence of your Adoption Services Provider (ASP). This document includes the Consent to the Adoption. By signing this document, you are agreeing to the placement and agreeing to care for the child. You are also promising to follow all the necessary requirements to finalize the adoption. Once this form is signed by all persons, it should be attached to the Adoption Request.

    Adoption Request (form ADOPT-200)

    The Adoption Request is sometimes called the Adoption Petition. Some of the items on this form relate to agency adoptions or other types of adoptions. Complete the sections that are relevant to you.

    Indian Child Inquiry (ICWA-010(a))

    If there is reason to believe that the child is eligible to be enrolled with a federally-recognized Native American tribe, there may be additional steps and different forms involved in the adoption process. You should try to find out this information ahead of time, then contact your court’s Self-Help Center if the child does or may have Native American heritage. They can help you with the required follow-up steps.

    Some courts have additional local forms they require you to use. Contact your court clerk’s office, check your court’s website, or talk to your Family Law Facilitator at your court's Self-Help Center to ask if they have any local forms you need to use.

     

  • Start the home study process

    You will prepare a cover letter with your information, the child’s information, and the birth parent information. You will then send it along with the filed Adoption Request and other documents directly to the organization or person who will be doing your home study. This will start the home study process.

    illustration of an envelope

    Send these forms and letter via overnight or some other way to track delivery and confirm who signed for the documents. 


    The home study provider will send you a receipt of the documentation and a list of items that you will need to complete and sign. There will also be a list of tasks to help the home study process.

    Don’t start on this list of items without getting instructions from the home study provider. 

    They have special forms for you to use for fingerprints and medical checks.
     

    The home study process consists of many items:

    • A visit to your home on at least 2 occasions (a few months apart)
    • Medical checks for you as the adoptive parent(s)
    • Fingerprints/background check
    • Social background information
    • Family histories
    • Release of information forms
    • Employment verifications
    • Financial information

    The child will need to have a medical check-up as well. If the child is a newborn, typically there are two required check-ups. The second one happens when the baby is 6 months.

Independent adoption

What's next?

If one birth parent is "placing" with you, learn more about how to get consent from the other birth parent as well. If you have consent from both birth parents, learn more about filing your adoption request with the court.

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