If the adoption is to proceed without the consent of the biological parent, a court must terminate parental rights. Adoptive parents are not permitted to pay excessive fees to an intermediary or to the childs biological parents. A court must ultimately make a determination that the adoption is in the best interests of the child. Agency adoptions are arranged by public or private agencies licensed through the state. A formal application or investigation will be required by the agency to determine whether the adopting parents are fit.
Some states regulate the amount of fees chargeable by an agency.
Private adoptions are not legal in all states. Ordinarily an attorney is the primary contact in a private adoption. The attorney may work with physicians who are aware of patients who seek to give their children up for adoption. Generally, adopting parents are allowed to pay certain of the biological parents expenses, including maintenance and medical expenses related to the pregnancy as well as attorneys fees. In a private adoption there is always the risk that the biological mother will refuse to proceed with the adoption after the child is born.