Adoption in Child Time, Inc.

Cooperative Adoption: Indiana's Best Kept Secret

Tabitha has been in foster care for three years. In that time she has been reunited with her birth mother three times. Each time mother was unable to provide for her, and Tabitha went back into foster care. Each time she went to a different foster home. Now her third foster parents would like to adopt her, but her birth mom is reluctant to give up all contact with her daughter and relinquish her parental rights.

Tabitha’s case is fictional, but it is replayed often within the foster care system. An often overlooked way to resolve Tabitha’s situation is cooperative adoption.

Cooperative adoption has been an Indiana law since 1994, yet case workers, foster parents, and even juvenile judges are unaware of its existence, let alone its potential. Cooperative adoption simply means that, at the time of an adoption, the court can grant certain rights to the birth parent, rights to which all parties are agreeable. The rights, which are agreed upon by adoptive parents, birth parents, case manager, and CASA or guardian-ad-litem, could range from exchange of cards or pictures at holidays to periodic face-to-face visitation. Such post-adoption rights for the birth parent are specified at the time of the adoption. Failure to live up to the terms of the agreement in no way invalidates the adoption.

Indiana was the first state to propose cooperative adoption legislation and the third state to pass it. Currently over 30 states have cooperative adoption laws. For many children cooperative adoption is a route to a permanent home, and for many children it can be a win-win situation. Since the birth parent will continue to have contact with the child, (s)he may willingly agree to voluntary termination of parental rights. The child can continue some contact with the birth parent. The adoptive parents are able to complete the adoption. And the child gains a permanent home.

When a potential adoption seems suited to cooperative adoption, the case manager or the adopting parents’ attorney can explore the idea with the adoptive parents. If they are amenable, they can propose the idea to the birth parents.

Cooperative adoption is but one factor in seeking permanence for a foster child. One caveat: do not interrupt a bonded relationship solely to achieve a cooperative adoption. Perhaps a potential adoptive parent who is the child’s long-time foster parent is lukewarm or opposed to cooperative adoption. A zealous case manager might be tempted to seek another adoptive parent, one who would be amenable to cooperative adoption. Don’t break a bonded relationship between a foster parent and foster child. Bonded relationship need to be preserved, even at the expense of cooperative adoption.

According to Indiana law, cooperative adoption should be sought when it is in the best interests of the child. In many cases cooperative adoption is exactly that.