The information described below is based upon the laws governing independent adoptions and the experience of our agency during the past many years. This is meant to be a broad overview and does not describe all of the procedures that are required for independent adoption and does not address the process of independent adoptions when either the child or the adoptive couple is from another state.

An independent adoption is considered an open adoption. This means that there will be an exchange of identifying information between the birth parents and the adoptive couple to some level of identity. The birth parents have the legal right to know as much information about the adoptive couple as they wish to know in order to agree to place the child in that particular home. A completed independent adoption involves the termination of all legal rights of the birth parents to the child. There often are verbal agreements for some future contact, exchange of photographs, correspondence, and sometimes ongoing visits. However, the adoptive parents have no legal obligation to provide information to the birthparents or to allow the birth parents to see or contact the child once the adoption has occurred. Adoptive parents, however, should carefully consider their comfort level with the openness agreements because they are making a moral commitment to the birth parents.

The following is a more detailed description of the independent adoptive process.

1. Birth parents decide to place their child for adoption with a specific individual or couple. Typically, a couple is selected by the birth parent through information provided by a friend of a friend, etc. Wisconsin law carefully restricts some activities in an independent adoptive placement. It is a felony for a parent to place or agree to place his or her child for adoption "for anything exceeding the actual cost of the hospital and medical expenses of the mother and the child incurred in connection with the child’s birth, and of the legal and other services rendered in connection with the adoption." (Wis. Stats. 946.716) Similarly, receiving something of value for soliciting, negotiating, or arranging for an independent adoption is also a felony. Recent legislation (Wis. Stats. 48.913(1)(1)) allows birth parents to receive up to $1,000.00 for Emergency Expenses from the adopting parents.

2. As soon as the birth parent and prospective adoptive parents have agreed that they wish to have a placement occur, they should secure the services of an attorney. In general, the birth parents and prospective adoptive parents should each be represented by separate attorneys. The law requires either a guardian ad litem or legal counsel as follows:

Section 48.23 of the Wisconsin Statutes describes the requirements for representation by counsel and guardian ad litem in termination of parental rights and adoption proceedings.

3. The prospective adoptive parents will need a foster home license in order to care for the child after the court orders the placement.  The agency that conducts the home 

4. The prospective adoptive parents will need a foster home license in order to care for the child after the court orders the placement. The agency that conducts the home study is responsible for completing a licensing study and deciding whether to issue a foster home license. The court cannot order a child placed in the home until the home is licensed by the agency. In order to help insure that the placement is not delayed, the home study should be done before the child is born.

5. The legal process begins with two petitions to the circuit court. Those petitions are:

1. A petition asking the court to approve the placement of the child with the prospective adoptive family. This petition must be signed jointly by the custodial birth parent and the prospective adoptive parents; and

2. A petition for the custodial birth parent to voluntarily terminate her parental rights and the rights of the birth father after the child is born.

6. Upon receiving the petitions for placement and termination of parental rights, the court will order an investigation report. This report includes the home study for the prospective family, social and background information regarding the birth parents, health information regarding the child, a summary concerning how this particular adoption came to be arranged, and statements regarding the agency contacts with the birth parent with documentation that they have been informed of all rights and options in addition to adoptive placement. The report also includes an agency recommendation relative to this particular adoptive placement.

7. Any time after the baby has been born and after the court has received the agency investigation report; the court will hold a hearing. At that hearing, the following sequence of events should occur:

1. The court will review the agency investigation report and reach a conclusion as to whether or not an adoptive placement with the particular family is in the best interest of the child.

2. Before the court actually orders the placement, however, it must act on the petition for the termination of parental rights of the birth parents. After the court orders the termination of parental rights of the birth parents, the court awards guardianship of the child to the agency that was ordered to complete the investigation of the prospective adoptive family. Guardianship may not be given to the prospective adoptive family or to any other individual.

3. The court then orders that the child be placed for adoption with the prospective adoptive parents. Placement with the adoptive family usually occurs that same day.

8. After the child has lived in the home of the prospective adoptive parents for six months or longer; a petition to adopt may be filed with the court. At that point, the agency which has guardianship of the child will issue a final report to the court, and the adoption may be granted by the court. At this final hearing, only the prospective adoptive couple and the child need to be present. The birth parents are no longer involved. This hearing takes place in the county where the adoptive family resides.

In addition to the procedures described above, there are several other issues in independent adoptions which must be considered. If the child is born and ready to leave the hospital before the legal steps described above are completed, the prospective adoptive parents may not, under Wisconsin law, provide care for the child. In such a situation, the child may be cared for in temporary foster care other than the home of the prospective adoptive parents or their relatives. This option is usually used in independent adoption. The child may be placed in foster care only by a court order or by a voluntary placement agreement between the custodial birth parent and the licensed adoption agency. The voluntary placement agreement is the most frequently used method. This should be completed before the child is born to reduce the length of hospitalization. The adoptive parents are responsible for the costs of foster care whether or not the adoption occurs.

The prospective adoptive parents, with the approval of the birth parent, may visit the child in the hospital and in the foster home where the child is living. However, the birth parents may not be discouraged from being able to visit their child before the termination of parental rights and placement with the adoptive parents is ordered. While visitation in the foster home is encouraged, it is limited out of respect to the foster home family and their own need to maintain their personal life style and privacy.

It should be clearly pointed out that in an independent adoption, the birth parent who has custody of the child selects the adoptive family based upon information about the family. In order to make a valid selection, the birth parent must have enough information about the proposed adoptive family and other alternatives to make an informed, voluntary decision about whether to give up parental rights and to select a particular family to adopt the child.

This information helps insure that the birth parent’s decision is in the best interest of the child and that the decision will not be retracted later. The birth parent has the right to hear all identifying, and other information about the adoptive couple that is included in the home study, at the time of the hearing if she/he chooses. The law does not allow the birth parents and the adoptive parents to remain anonymous from each other in an independent adoption.

The law requires a complete accounting of the exchange of anything of value between the birth parents, prospective adoptive parents, attorneys, or other persons or organizations involved. This report of exchange of things of value must be made in the petition for placement and a copy of that should be made available to the agency doing the adoption investigation report. The description of how to report exchange of things of value is found in Wisconsin Statutes Section 48.837(2)(d).

If the adoption should not be granted, if the placement disrupts, or other complications arise which cause the placement not to proceed, the guardianship agency has full responsibility for placing the child into another adoptive home. 

4. Discharge the child from the hospital, place in foster care, and supervise the foster care placement.

5. Prepare the court investigation report, along with supporting documents.

6. License the adoptive family as a foster home.

7. Attend the court hearing to present verbal testimony relative to the adoption.

8. Accept guardianship of the child until the adoption is finalized.

9. Provide post-placement services to the adoptive family for a minimum of six months.

10. Prepare the final court investigation report for the finalization hearing.

11. Attend the final hearing when required.

12. Complete all other forms and documentation required from an adoption agency by the court and the State of Wisconsin.

There are both advantages and disadvantages to independent adoptions.

Since they know each other, birth parents and adoptive parents are sometimes more comfortable. Frequently, we hear birth parents say that they would never give their child to someone they didn’t know.