Adoption Terms You Need to Know

November is National Adoption Awareness Month, celebrating families built through adoption, recognizing adoptees and listening to the impact of adoption, and raising awareness about children in foster care across the U.S. Aspects of adoption and the lifelong connection are complicated, and language surrounding adoption can be impactful. It is important to learn what certain terms in adoption mean, and to consider changing your language and perspective to help remove the stigma and encourage understanding around adoption. Here are some tips and terms to know in adoption.

“Birthmother or Birthfather”

The biological parent is often referred as a birthmother of birthfather before the child is born, even though an adoption plan cannot go into effect until after the birth of a child. You can ask how they would like to be referred to before and after the birth of the child. Consider terms like “biological mother/father”, “expectant mother/father”, “biological expectant mother/father”, “mother/father”.

“Adoptee”

An adoptee is someone that is adopted.

“Domestic Adoption”

Domestic adoption is when a child is born and adopted in the United States by a family in the U.S. This can be a newborn or infant, child of any age, or even an adult, and is often completed through an agency and/or attorney. Learn more about types of adoption here.

“Private Adoption”

Private adoption is when a biological family makes an adoption plan for their child to be placed with prospective adoptive parents. Prospective adoptive parents must complete state-regulated pre-placement (home study) and post-placement requirements. The biological family has the option to choose the prospective adoptive family, and often finds them through an agency or online, looking at a profile book of the family. Families can also look to match without an agency, known as an independent adoption. All parties decide on the type of adoption relationship they plan to have, such as an open or closed adoption relationship. In Pennsylvania, and in many states, anyone that is adopting is required to complete certain clearances such as child abuse, criminal, and FBI clearances, and provide other background information as required by the court.

“Public Adoption”

Public adoption refers to adoption through the public welfare system, working with government-sponsored agencies in a foster-to-adopt program. In the public system, children that are removed from their homes for foster care placement with the initial goal of reunification with biological parents or relatives through kinship placement. If reunification and kinship placement is not possible, and the biological parents’ rights are terminated, the child may be able to be adopted. The social services agency will complete profiles on the pre-adoptive home and family, and for each child to be adopted. The family profile is similar to a home study report in a private adoption.

“Kinship Adoption”

Kinship adoption is when a child is adopted by a relative, such as a grandparent, sibling, aunt, or uncle. A pre-adoption evaluation, or home study or family profile, is not likely required for a close familial relationship, though clearances are still likely required. A non-relative caring for the child or a more distant family member may be treated like any other prospective adoptive parent and be required to complete a home study report or family profile.

“Interstate Adoption”

Interstate adoption refers to adoption between states, the state where the child is leaving referred to the sending state, and the state where the child is going to live permanently referred to as the receiving state. Interstate adoption is regulated by the Interstate Compact on the Placement of Children (ICPC) under the Department of Health and Human Services Children’s Bureau. ICPC is the uniform legal and administrative procedure governing the interstate placement of children and is statutory law in all fifty-two member jurisdictions and a binding contract between member jurisdictions.

“Intercountry Adoption”

Intercountry or international adoption refers to adoptions between two different countries, either children being adopted from another country by U.S. families, or international families adopting U.S. children. Intercountry adoption is regulated by the Department of State and the U.S. is a member of the Hague Convention.

“Closed or Open Adoption”

Refers to the level of contact between the biological family and adoptee after the adoption plan goes forward. All adoptions have a variation of openness and contact dependent on the agreed upon level of communication and contact between the biological family and adoptive family. This can include sharing background information on one another, potential for outreach regarding health and medical information, sharing photos and information on milestones for the child, communicating through messaging, video calls, or in person contact. There are often siblings involved as well in such potential contact. There is no true ‘closed’ adoption - every state has an avenue for an adoptee to access some or all of their adoption information, such as court filings and birth certificate, and therefore may have access to some of their biological family’s information. Also with the internet and at-home DNA testing like 23&Me, it is unrealistic to assume a closed adoption is possible. As the level of openness can greatly vary, it is important to connect with everyone in your adoption plan on the expectant parent’s wishes for openness before proceeding with an adoption plan. Of course, the adoptee will have their own wishes and choices in the level of openness as they get older and as information is available to them.

“Giving up a child”

Consider instead saying that one is “making or choosing an adoption plan”; or “placing a child with a family for adoption”, rather than “giving up a child.” As mentioned, in an adoption there is an ongoing and varied relationship through the child’s life. Learn more about Positive Adoption Language here.

“Drug or alcohol abuse / Addict”

If the expectant parent has a medical or behavioral history involving alcohol or drugs, consider instead “substance use” or “health history of substance use” when discussing health matters.

“Consents or Relinquishments to Adoption”

These are the legal instruments or documents that the biological parents complete to proceed with placing the child for adoption, often called consents to adoption or relinquishments of their parental rights to the child. In many states, the consents or relinquishments must be submitted to the court to enter a decree for terminating the biological parents’ rights. In some states, the written consents/relinquishments are the only mechanisms needed to extinguish the parental rights, and a court decree is not entered to do so or even an option. Some states require the biological parent’s testimony either in person or virtually. Each state has its own state law on terminating biological parents’ rights and it is important to know and understand the law in both the biological parent’s state and the adoptive parent’s state.

“Termination of Parental Rights”

This is the court decree or order that states the biological parent’s rights are forever terminated, and the court can proceed with a pending adoption plan for the child. Once the termination order or decree is entered into, the adoptive family can proceed to finalize their adoption. Learn more about legal considerations in adoption here.

“Finalization”

This is the court hearing where the court decrees or orders that the adoptive parents are the legal parents of the child, the adoptee. This is usually an in-person hearing after the termination decree is issued and requires the adoptive parents to testify and for the child to be present. Depending on the adoptee’s age, the child may be required to testify as well. The court decree for finalization of the adoption will issue the new name that the adoptive parents wish for the child, if it is being changed. Though the finalization hearing completes the adoption legally, there are steps that should be taken after the finalization of your child, such as a new birth certificate and social security number.

As adoption law is state-specific, if you are interested in learning more about adoption options in your state, contact an attorney from the Academy of Adoption & Assisted Reproductive Attorneys here.

If you are interested in learning more and working together, please contact us here.

This article is for informational purposes only and is not legal advice.