Can Prospective Parents with Disabilites Adopt?

Agencies and attorneys deal with this issue differently. As you investigate adoption further, check with agencies and attorneys at the beginning of the process about their policies and procedures. In the case of international placements, U.S. agencies and attorneys must adhere to the policies and decisions of the foreign government officials, judges, or agency directors. You can check to see what their experience has been working through issues regarding medical conditions with the placing entity (government organization or orphanage director or attorney) in the foreign country.

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State regulations, agencies, and most attorneys require that you obtain a medical examination that documents any prescription medications you are taking as well as any medical diagnoses that have been made. Most also have policies which state that the withholding of information is grounds for halting the adoption process. In addition, there have been court cases whereby birth parents have petitioned the court to revoke a consent because an adoption took place due to fraud for the reason that information has been withheld that would affect the birth parents' consenting to the adoption. Thus we advise honesty and full disclosure in your dealings with adoption agencies and attorneys.

That being said, however, most agencies have somewhat enlightened views of some medical conditions if they are well controlled by medication. Most agencies have medical personnel who review medical examination forms where more information is needed so agencies can make informed decisions. Usually, an agency would request a letter from the treating physician which gives the treatment history, the severity of the condition, and the physician's prognosis for your ability to parent a child over time.

As you check out agencies initially, you can ask if the agency has written policies regarding medical conditions of prospective applicants. If the agency does not have a written policy, what has been the agency's experience? You should ask the same questions of attorneys with whom you are considering working.

In independent adoptions (not allowed in all States), birth parents place their children directly with prospective adoptive parents. Since increasing numbers of parents want to select the adoptive parents for their child and many want to meet them and possibly have some type of ongoing contact through letters or exchanging photos or occasional contacts, we advise honesty from the onset. You do not want to be in the position with birth parents or with your child of having knowingly withheld information which could impair the trust that is the foundation of adoption.