Legal Considerations

For Placing Parents

Legal vs. Illegal

It is important for both the expectant parents considering adoption and potential adoptive families to understand the legal considerations. While laws vary from state to state, a couple of things ring true regarding legality.

It is illegal if:

someone gives you money or anything of other material worth in direct exchange for your baby;
an individual, agency or attorney arranges for the adoption or permanent care of your child without the proper legal proceedings and documentation.

Many state laws specifically state that coercion, in any form, is also illegal. It is important to recognize what coercion means in terms of these legal considerations.

Coercion is or can be:

a threat to place your baby, "or else;"
forcing you to place your baby against your will;
prettying up the truth or blatant lying to cover up the true nature of the adoption;
an attempt to shame you into making a decision;
or any variation in which your decision making ability is removed or hindered because of the ulterior motives of another party.

As an expectant parent, you have a right to make a decision regarding parenting or placement based on knowledge, not the wants of others. You have a right to free access to information that is pertinent to that decision, including laws that govern your state, resources available to you regarding either option and the emotions, both good and bad, that can accompany either decision. You have a right to know how either decision may affect both you and your child both now and in the future.

It is important to note that adoption law varies from state to state. What is perfectly legal in one state may be absolutely illegal in another. Small variations in how agencies, attorneys and facilitators are allowed to proceed with certain aspects of the adoption plan can confuse expectant parents as they maneuver their way through a lot of new information. To start, you can look up your state laws concerning many adoption laws here on our site. If you have any questions about those laws, please seek out legal representation.

This article is not meant to be a substitute for legal advice.