Relative adoption in a different state

July 24, 2011

My husband's cousin is due in 2 weeks or any day now and she wants us to adopt her baby. We live in SD and she's in IA. In what state would I need to hire a lawyer? She doesn't want to take the baby home with her so how can we take the baby home from the hospital since we haven't started the adoption process yet.

Also, she has medicaid right now and since the adoption won't finalized until after the baby is born, will we have to pay all her hospital bills? or will medicaid take care of that?

It's all happening so fast since she just asked us a couple of days ago. We're not sure what to do.

Please guide us in the right directions..:confused:

Last update on April 24, 7:18 am by Sachin Gupta.

itri1972

July 24, 2011

-Hire a lawyer in BOTH STATES. It's worth the extra cost. Adoption lawyers with ICPC knowledge. Seriously. Telling you this from experience.

-In some states, relatives don't have to pass a home study. In some states, it's an "expedited" home study. In some states all homestudies go through DSS, in some you can hire private adoption investigators and pay for a fast-tracked (they digitally scan your finger prints and send them to the FBI - have the results in days). The ICPC might be required for interstate relative adoptions, it might not. (For example, if the mother brings the child into my state and places the child in a private directed adoption with a relative, no homestudy is required, no ICPC is required.) YOU NEED BOTH LAWYERS to advise on this one.

-A private adoption is probably cheaper, but you have to find out if it's legal in her state and yours - some states don't allow it. In my state, private relative adoption across state lines, it would be about 2500. That's the legal fees only. FYI.

-You would still need to get the birthfather terminated, or to consent, or to publish, etc. You really need a lawyer in both states to tell you what needs to happen!!!

Sorry. And I'm not a lawyer or lawyer happy :D If you can only afford ONE lawyer, hire one in IA. If you find out the SD laws are easier on relative adoption, could you convince her to come to SD for the birth?

Your cousin-in-law can sign temporary custody papers if nothing else (though - major issues there) so you can take him/her home from the hospital. But call a lawyer in each state, pay the consultation fee ($50-300), ask LOTS of questions!!!!