Adoption and birthmother rights?

Question

If the child is to be born in one state and the birthmother is working through an agency in another, which laws are followed. What state do the birthmother's rights apply?

Answer 1

According to the ICPC and the UCCJA/UCCJEA, generally the state the child was born in is the primary state until the adoption is finalized. After finalization, the other state takes over. When something involves the ICPC however, laws of both states are supposed to be followed.

It's a complex issue and the only way to know for sure is to take it to a judge.

Answer 2

There are rules for adopting across state lines, called the Interstate Compact.  It's been a LONG time since I looked at it, but if I'm remembering correctly, the state in which the expectant mother delivers the child, is the primary state.  Regulations/laws/etc would depend on that state.

Answer 3

I found a community website that networks families involved in an adoption http://www.findmybiologicalparents.com

Hope this helps :)

Answer 4

I think its in the state the adoption is finalized in.

Utah is one of the states that has the worst rights for parents. Florida, and Louisiana aren't much better. Agencies flock to these states and will advertise all around the nation in phone books so when people look up an agency in the phone book, they'll find a 1800 number that really takes you to utah.

They want to get the surrendering parent to their state so "their" laws apply. However, the mother may be flown in BEFORE birth and that is where I'm not sure.

I do know that when an adoptee searchers we have to search in the state where our adoptions were finalized. That is the state that holds our records. Once the adoption is finalized, then that state they're finalized in, contacts the state of birth and both states seal the records.

Good luck!

I'd ask a lawyer.

Beware of Pennsylvania, Utah, LA, and Florida. They have a lot of corruption when it comes to surrendering parent rights.

Answer 5

The state in which the child is born.

Answer 6

This is a question that an attorney (or attorney's information site) should answer.  I'll add to your question in case anyone on here has solid information:

There's the matter of the baby born in the mother's state, and I'm assuming, and that would mean the baby's birth certificate would be from that state.  Whether or not the mother has to go through her state's courts to relinquish the child for adoption is something I don't know.  I do know that children must be freed for adoption in order to then be placed for adoption.

I also know that birth mothers are given a period of time to change their mind, even after placing their baby for adoption.  That would be when birth mothers most need their rights protected.

I knew of someone who took babies who were to be placed for adoption in as foster children, and in those cases the foster home served the purpose of being a place where the baby lived until s/he was freed for adoption and able to be placed with a permanent family.  These days, with private arrangements, I know that adoptive parents bring babies home when they're born.

If that's when you're talking about (when the adoptive parents have the baby with them but the adoption is not yet finalized), that's the question I think a birthmother needs to really get straight answers about from a lawyer - not a website like Yahoo Answers.

Once that time period has expired and/or once the adoption has become final, the birth mother - in the eyes of the law - has not parental rights whatsoever.  In cases where birth mothers still try to change their minds they need to get a lawyer in their own state to start with.  

Once a birth mother's parental rights have been terminated by the courts she has no parental rights (although, of course, she has her right, as a citizen, to try to make a case that something in the adoption process wasn't done correctly - or whatever other cases she may try to make).

As an adoptive mother, I do know that adoptions that take place in one state are binding everywhere.

Answer 7

As I understand it:

As long as no papers have been signed surrendering her rights or the child, the mothers retains all her rights no matter where she and the child are.

Once papers are signed things get muddy. Some states give the her rights for a certain "rescindment" (sp?) period others have none at all.  The adoption itself should go by the rules of the state in which the child will be residing/the adoption is finalized.

Note:

"Open"-Adoptions are not recognized in most states so the mother's rights are essentially nil after finalization without serious cause to recognize them. Fighting for rights to enforce these kinds of contracts is expensive and time consuming - especially in state to state situations. It is a shame when these contracts are unilaterally voided without good reasons.

(I feel I need to explain that I know that there are positive and working "open"adoptions and I commend those involved. Those cases are what it's all about!)

Google Interstate Compact Laws and the laws for the states involved. This should either clairify things for you or confuse the h**l out of you.

Hope this helps.

ETA: I would like to see this change...

Answer 8

Yes it is the state where the child is delivered. My aunt has just finished an adoption where the birth mother went to another state to have the child because she liked the laws better.