Independent placement adoptions are direct, private, non-agency situations in which the birthparent/s decide to place a child for adoption directly with a chosen adoptive family. The parent may know and contact an adoptive family directly or obtain assistance in selecting the family. The primary distinction between agency and independent adoption is that in an independent adoption, the birthparent/s select and consent directly to the adoption by a particular couple rather than relinquish rights to an agency. The adoptive family will usually take custody of a newborn child directly from the hospital without intervening foster care. Some private placements are with other family members or acquaintances of the birthparents; however, most independent placements are with persons previously unknown to the birthparents.

Generally, a current home study (completed within the last year before filing) is required for finalization of all independent and agency adoptions except that the court may waive the home study if a relative is adopting the child. All home studies must meet the requirements of K.S.A. 59-2132 as amended.

In addition, regulations covering Kansas agency adoptions require additional post-placement reports be made.

When a petition for adoption is filed, the attorney for the petitioners must file a signed accounting of all money that has or is expected to exchange hands in the adoption process. The law sets out the categories of payments that are allowed for an adoption. That list, includes:

a. Reasonable legal and professional fees, not to exceed the customary fees for similar services by professionals of equivalent experience and reputation as judged by Kansas standards;

b. Reasonable fees in the state of Kansas of a licensed child-placing agency;

c. Actual and necessary expenses, based on expenses in Kansas, incident to the placement;

d. Actual medical expenses of the mother attributable to the pregnancy and birth; and,

e. Actual medical expenses of the child.

Yes, with limitations. Under the same Kansas statute, an adoptive family may agree to provide reasonable living expenses of the mother that are incurred during or as a result of the pregnancy. Any funds paid beyond expenses related to the pregnancy could put the mother at risk for criminal liability.

For a birthparent to knowingly and intentionally receive or accept fees, expenses or money that is clearly excessive or is not covered by the categories in the statute is a felony.

For adoptive petitioners to knowingly fail to report all consideration or disbursements in their accounting is also a crime.

All financial requests should be given to the attorney for a determination of legality and so that those payments can be reported to and approved by the court. Usually, the expenses are paid directly to providers, such as landlords, healthcare and utility providers. Food is usually provided using a pre-paid card for the store.

The United States Congress has enacted legislation that allows a credit and exclusion from income. Starting in 2013, the maximum possible adoption credit and exclusion is $12,970 per child. For purposes of the tax credit, there is no limitation on the number of children you can adopt. The amount of the credit is supposed to increase to keep pace with inflation.

This is a tax credit, not a refund, so families can benefit only if they have federal income tax liability. You will not receive a check in the mail; rather, your income tax liability (not

withholding taxes) will be reduced by the amount of the credit allowed for "qualified adoption expenses." These expenses include reasonable and necessary adoption fees, court costs, attorney fees, traveling expenses (including amounts spent for meals and lodging while away from home) and other expenses (1) which are incurred directly related to, and the principal purpose of which is for, the legal adoption of an eligible child by the taxpayer (2) which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement, and (3) which are not for a step-parent adoption. The credit may also be available for actual expenditures for a failed adoption.

An eligible child must be under 18 years old, or be physically or mentally incapable of caring for himself or herself. The adoption credit or exclusion cannot be taken for a child who is not a United States citizen or resident unless the adoption becomes final. A taxpayer also may be eligible to take an increased credit or exclusion for expenses related to the adoption of a child with special needs if the child otherwise meets the definition of qualifying child, is a United States citizen or resident and a state determines that the child cannot or should not be returned to his or her parent's home and probably will not be adopted unless assistance is provided.

In addition, for adoption expenses reimbursed by an employer, the new law excludes that reimbursement from taxable income. The above credit and exclusion may apply to a lesser extent or not at all for taxpayers with higher incomes.

For certain "hard to place" children, upon application and approval, the Kansas Department of Children and Families may pay for one-time expenses of an agency adoption up to $2,000 and some children may be eligible for a medical card and other assistance. Some employers and the military may provide benefits to cover some of the cost of adoption. Finally, if the adoptive family has health insurance, there may be coverage for the child's birth expenses and, in some cases, the birthmother's.

Kansas sources we can recommend:

The 35KCampaign

35Kcampaign.org

35Kcampaign@gmail.com

Hand In Hand Christian Adoption

913-248-5015

handinhandadopt.org

Mighty Families by Adoption

www.MightyFamiliesbyAdoption.com

Other private sources for adoption expenses (without endorsement), including the following:

Kingdom Kids Adoption Ministry

1417 North Lincoln Street Spokane, WA 99201

(509) 465-3520

https://kingdomkidsadoption.org

National Adoption Foundation

5 Shelter Rock Rd

Danbury, CT 06810

(203) 791-3811

https://www.nafadopt.org

Topeka Community Foundation

(Building Families Fund)

5431 SW 29th St., Ste 300

Topeka, KS 66614

785-272-4804

www.topekacommunityfoundation.org

Gift of Adoption Fund

(847) 205-2784 ext. 403

https://www.giftofadoption.org/

Lifesong for Orphans

309-747-4527

www.lifesongfororphans.org

Other funding options (without endorsement) can be found at:

In most cases a family may adopt a child who resides in another state; however, the placement is subject to a law called the Interstate Compact for the Placement of Children. This law is designed to prevent trafficking of children across state lines for wrong purposes. Both the ‘sending state’ and the ‘receiving state’ must insure compliance with their respective state laws. Ignoring or violating the Compact may result in penalties or, in some cases, invalidation of the adoption.

While each state has its own requirements, the basic requirements are that once the ‘sending state’ confirms its requirements have been met, the ‘receiving state’ (where the adoptive family lives) must approve a current home assessment and verify other documents before the child may enter that state. Therefore, if a potential adoptive family believes an interstate placement is possible, it is wise to get legal advice as soon as possible and to keep the home assessment updated.

The Kansas Interstate Compact Office in Topeka has traditionally been very responsive and cooperative. On the other hand, offices of some other states have requirements in addition to those of Kansas or have sometimes been less responsive than the Kansas office; therefore, it is important that the attorney determine what the other state will require early on in the process and follow those procedures carefully.

Generally, you may finalize in either the ‘sending state’ or the ‘receiving state’. This decision requires a comparison of the laws of both states. However, some states will require you to finalize in that state and a few may not allow a non-resident to finalize in that state.

When can the adoption be finalized?

There is no minimum time before an adoption filed in Kansas can be finalized; however, all legal requirements must still be met prior to finalization. In addition, some judges are uncomfortable finalizing immediately after a placement even if all requirements have been met. However, uncontested adoptions in Kansas are usually finalized in three to six weeks after placement, a much shorter period than most other states require.

During the period before the final hearing, if not previously signed, the father's consent or relinquishment is obtained or a petition to terminate his rights is filed and adjudicated. Notices of the hearing are sent to the consenting parents, unless waived by those parents. In addition, a home study update may be required before the final hearing.

Depending on the individual judge, the final hearing for an uncontested adoption usually involves questions concerning the adoptive couple's understanding of the consequences of adoption, their willingness to assume the full responsibilities inherent to parenthood and the finality of the adoption. The new legal name for the child is ordered by the court at finalization.

If the adoption is granted, an adoption decree is signed by the judge and a report of adoption is sent to the Office of Vital Statistics in Topeka or to the appropriate office in the state of birth, which will issue a new certificate listing the adoptive couple as the parents. In Kansas, the original birth certificate showing the natural mother will be sealed to all until the child turns 18 years of age. However, a birthparent may request and receive a copy of that birth certificate before the finalization of the adoption.

After the finalization, the adoptive parents must obtain a new birth certificate before applying for a Social Security number for the child. That process takes approximately four to six weeks in Kansas. However, if the child was born in another state, the process could take longer. Once the state of birth issues a birth certificate, the adoptive parents may take their adoption decree and birth certificate to the nearest Social Security Administration office to apply for the issuance of a number for their child.