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HI
Can anyone tell me the law on a birthmother who desires to place her baby into the home of the adoptive parents from the hospital?
This will be a private independent placement, i do not believe ICPC is required, but i would like more information on the facts.
The family does live in another state who will be adopting the baby.
If there is more than one state, ICPC is involved and their approval must be granted prior to the baby leaving the birth state! In order to get ICPC approval the prospective adoptive family will have to be home-studied. An attorney is usually retained by the birthmother - to process red tape from her end (i.e. relinquishment of rights for her and the biological father) and by the adoptive family to process physical placement and petitioning of the courts ... ICPC will required supervision reports be completed by the adoptive family's state/agency. It's not hard or overly-complicated - just alot of legal jumbo to be processed.
The most important fact here ... the adoptive family can take the child from the hospital if the proper paperwork is filed with the courts and ICPC ... ICPC final approval (submitted to them at the birth) often takes 3-4 weeks time for issuance and the baby may not leave the state of birth until same is done ... in our case the baby was in a state with relatives there so we took placement at two days but stayed with relatives for 3 weeks ... not the best of situations when all you want to do is be at "home" and settle in yet worth it ... especially if an infant which are hard to come by is involved.
Good luck and keep us posted.
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our attorney is having us do a durable power of attorney for a minor child, then we will proceed with other legals after the birthmother if definite.
I just started a new thread instead of replying to your message. Look at the note regarding Independent adoption, as I don't think I'd retype all my thoughts well.
Overall, I'd strongly recommend you get some good advice from an experienced adoption professional in Michigan. You need to do ICPC and a Durable Power of Attorney keeps you at risk for change of mind from the birth parents.
Good luck.
Jan
With Interstate Compact, you also need to adhere to the Adoption laws of the state where the Adoptive Family is.
Most states require that you take the training and be Licensed for Foster Care even with a Domestic Adoption!
In most states, if you are doing an independent adoption or a direct placement adoption, the adoptive family does not need to be licensed for foster care. Many agencies require that their placements be done on a foster care basis, but that is agency policy, not state law. Therefore, it would be recommended to do a direct placement adoption (from birth parent to adoptive parent, not to an agency).
Good luck.
Jan
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A BIG CHANGE OF EVENTS....
My husband and I need some advice quickly. For about the last year we have been researching international adoption of an infant and toddler.
We were to sign up with agency next week, until we received a phone call.What a shock!!!
We have been through alot in the past couple years. Two adoptions that were to be the happiest days of our lives, turned out to be the saddest.
The first mother had an abortion, the second wasn't at the hospital when we were to pick up the
baby. So this is why we had turned to international.
We were told by friends, that a family of two siblings were going to be put up for adoption.The
** and bf have a total of 9 children. They can't support all these kids. We will be meeting with the family in about a week. We don't know how all this works from another state.I do know that the ** and her parents live in Michigan. We live in Illinois and in our state, it isn't necessary to have homestudy done before children come into home.A post visit is required after the children are here in our home.
Would the children have to be adopted in Michigan?
We haven't had a homestudy done yet. We are so nervous, and don't know what to do. I will call a lawyer on Monday to ask advise. We would like to know what we will be up against. Am I correct to think that the children can't come to our home until we complete a homestudy?
Please give us some advice so we can prepare for this possible situation.It seems as if time is of the essence for these people. I guess the grandparents have custody and just can't handle all these kids.
Thank you for your help.Crazy in Illinois!!!
Pam
You must make sure all is clean, they will be checking everyroom, no eletrical fixtures un done,living arrangements for the child, list of friends and realatives, have a income and proove you will not be waiting for the childs monet to come from the state(they will pay you back from day 1 on your first support check),be ready for a back ground check for everyone18 and over in your home, answer questions, thats it, Michigan will get your local social service to do your homestudy, I imagine who ever would come out to do the post homestudy. Relax gather up your pay stubbs,ask a few close friends to fill out the paperwork they will leave for you, everyone in the house must have a physical as well as a recomendation from your doctor asking are you and your family to be a Foster/Adoptive Parent.
Adoption should be filed where you live.
Good Luck to you....