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I am an adoptive parent living in New York and have been matched with a birthmom in Texas. Does anyone know about the laws in Texas governing how long a birthmom has to change her mind? And how long you must stay in the state before returning to your home state?
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In Texas, a mother must wait a minimum of 48 hours after birth to sign consent. Such consent must state that it is irrevocable; otherwise, there are 11 days to revoke. Texas permits non-residents to finalize. Getting through ICPC could depend much on your agency's experience (if local to you) working with Texas ICPC office. While we did not adopt in Texas, we were originally matched there. I understand that Texas ICPC generally works quickly. Good luck.
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Liesl,
Our son was born in Texas and we finalized there (even though we live in Virginia). Redheaded is correct - Texas law requires consent to be taken no earlier than 48 hours post-delivery for bimom. Biodad can give consent or deny paternity before birth or at anytime after birth.
We spent 17 days in Texas after Ryan was born - 7 days to get consent (lawyers kept cancelling appts to take consent!) then 5 days before we went to court in Texas, then 2 more days before we cleared ICPC and flew. ICPC delays were primarily due to a caseworker in VA being on vacation.
HTH,
Regina, AMom to Ryan Joshua Thomas
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we were in Arkansas, which also has a 10 day revocation period. Our daughter came home from the hospital with us. While we were very Zen and philosophical, having experienced two prior failed placements, the wait was very difficult; plus it ended up being twelve days, since the 10th day fell on a Saturday. Unfortunately due to a court issue, we were away from home for more than 40 days; however, it was an amazing bonding experience. Our daughter's first mother was certain about her decision and never vacillated; still we worried. Having said that, having a child now, I do not know if we could do a ten day waiting period again.
Liesl,
The night Ryan was born was very intense - we were overjoyed, terrified, etc. After that I don't think we were ever nervous - we had and still have a very strong relationship with Ryan's birth family.
Mostly we were frustrated as were they. Ryan was born at 4:58 PM on a Wednesday, therefore consent couldn't be executed until 4:58 on Friday. Apparently, lawyers don't work that late in Texas because her attorney wouldn't come to the hospital to take consent then.
So we waited until Monday, when the first appt was cancelled, then Tuesday, then Wednesday. On Wednesday afternoon Ryan's bfamily found out that they didn't need the attorney present to sign, only a notary public, so they took a copy of the papers they were given to review down to the local Bank of America and got their signatures notarized. They were very annoyed and took great pleasure in firing their attorney. Then we all went down to our attorney and handed over the papers. We actually got a special court hearing to be named guardians, then had to wait 2 more days for ICPC to unsnag. Argh!
We saw his birth family pretty much every day until we went home. Ours is a fully open integrated adoption so we are all really extended family. It's not as 'usual' as you'll see but it works great for all of us.
HTH,
Regina, AMom to Ryan Joshua Thomas
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