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My DH and I are potentially going to be successfully matched with a birthmother in the military. She is stationed overseas. We realize it might be a complex adoption and are trying to get our ducks in a row so we know what we are doing when and if the time comes. Here is what we need input about....
When the baby is born overseas it is our understanding that it is considered US Soil and the baby will possibly have dual citizenship (which is cool). However, in order to bring the baby home we will need to have a court order granting custody. Who has jurisdiction over this? There are potentially 3 states involved-Birthmother's home state, our state and maybe the adoption agency's state. Is there a judge on base that can grant this, will we need a judge from our state or a judge from the birthmothers state? Will interstate compact laws apply or is there another set of laws?
Our attorney knows of this and is in process of looking into the specific laws. However we don't want her to spend a lot of time if this doesn't come to fruition. I just thought maybe someone might have had some experience in this situation.
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I just found your post, and based on its age, hope you've gotten your ducks lined up by now. We, however, have just been through a situation a lot like yours. The baby, being born at our local military hospital, did not qualify for dual citizenship as our youngest daughter did, having been born in a different facility. Different country, different SOFA, different rules. Go figure. What you need is to get a court to assume jurisdiction in your case. This could be in any of the states you mentioned, but best seems to us to be the adopting parents' home state. (Actually, we've had GREAT results adopting in Texas, and would recommend you try to get it there if possible.) Another reason we'd recommend Texas may be pertinent to your case wherever you're from. We have an exceptional lawyer in Texas, Ms. Susan Paquet of Fort Worth who is a veteran of over 3000 adoptions including military overseas adoptions. We've referred two cases to her in addition to our two, all of which she has handled in wonderful style. She would be a great resource for your lawyer. This last summer we referred friends of ours to one-another. The BM is military and was stationed overseas onboard my ship. The Adoptive couple is military and are stationed in Texas. Requirements are driven by specific state law. In Texas, the first thing they had to do was to get the Termination of Birth Parents' Rights for both BF and BM. BF can do his (thiers) prior to the birth. BM's had to be at least 48 hours after birth, and signed befpre a notary. (Any military officer can serve as a notary. Our hospital legal department was most forthcoming in sending a representative to the room for the purpose.) BM needs to grant guardianship to the adoptive parents. This can be done through a military Legal Services Office. This will allow the adoptive couple to care for the baby in the hospital and to take baby home when it is time. You'll need to check with the hospital birth registration office who will help with the passport. It will be at least two weeks after birth before doctors and the airlines will allow baby to fly. If you have any specific questions, we'll enjoy replying. We have participated in eight adoptions, two of them our own, in Spain and in Italy between military BM's and military families, so can speak authoritatively on these countrys.
Ciao,
Cassie and David
cassiebear@yahoo.com
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You asked about a military judge. They will NOT get involved in any way. It makes them extremely nervous to be doing anything like family law as pertains to adoptions. I think they've been burned too many times by the member who feels they didn't get to adopt because (fill in the blank with myriad reasons). Frustrated would-be parents probably take up a phenomenal amount of time. Also, you asked about Interstate Compact. It has not applied in any of our adoptions. As it is applied, the compact is to protect the taxpayers in the receiving state, where the child will live in his/her adoptive home. The spirit of the thing is to keep special needs kids' bills with the state of origin. Don't let anyone try to tell you yours will be an international adoption. The child will be born to a U.S. citizen in a U.S. facility, considered U.S. soil for the purpose of citizenship and legal status, and will be adopted by U.S. citizens.
Hope this helps,
Cassie and David