Adopt: Ask Our Legal Expert: Diane Michelsen, Esquire

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Legal Expert Diane Michelsen

Question:
We have been working with an adoption agency for over a year. The agency has placed over 125 infants in this time, but our profile has only been shown to 7 birthmothers. It looks like the issue is money. We committed to a certain amount when we started with them(We're talking over $25 K total). I've found out recently that this agency is at times contacting a placement agency in another state relatively frequently to tell them about infants they have available for adoption. These children meet the "criteria" we are looking for in an adoption--yet the agency we are working with says they don't have any available families. This further leads me to believe it is all about the money- especially since usually the cost is running closer to 28K. Is this legal?? I know there are at least 120 families waiting to adopt from this agency yet they are going outside this pool (to another agency) so they can get more money for the child. This doesn't seem right or fair. Is this just a case of sometimes life isn't fair??

Response from Diane Michelsen:
The charges in this letter are a little bit too vague to do anything about. However, your general question and answer idea was excellent. All adoption agencies are licensed by the state in which they operate. Different states have different regulations which the agency must continuously meet to maintain their license. Most agencies are doing great jobs. However, if you feel that the agency is not acting ethically or legally, contact the licensing organization to learn the standard. Lawsuits have been filed against agencies for (among other causes of action) wrongful adoptions (withholding information), fraud, as well as negligence in performing their functions.

Question:
Through an odd set of circumstances - we may have the opportunity to adopt an 18 month old little boy. His mother does not feel she can raise him, but does not want to lose contact with him. She wants to give him up for adoption. We would love to adopt this child, provided that she gets some counseling, and is sure of her decision. The child has been being raised by his single grandfather for the last several months . Do we need to go thru a home study prior to this adoption? The girl is attending some counseling thru social services. The child and mother are in Louisianna and we live in Maryland - do we need to engage attorney's from both states - or could one handle everything? Thanks for any info you can provide...

Response from Diane Michelsen:
Maryland is not an easy state to work with. You will absolutely need a homestudy done in Maryland, by a licensed agency or licensed social worker. You indicate that the birth mother is receiving counseling. Assuming that she is certain of her decision, her relinquishment could be taken by the agency in a designated adoption, wherein she indicates that she wants you to adopt the child. You could complete the adoption in Louisiana, perhaps by the same agency which is providing counseling for the birth mother. The birthfather's rights would also need to be terminated.

Be sure that t grandfather who has been raising the child is in agreement, as there are complications which could ensue if he is opposed. Also, for the child's wellbeing, you would want to accept this child via a step placement where the child becomes familiar with you gradually. Ordinarily, the least expensive way to do this adoption would be to complete it in Louisiana.

There are some other ways this could be legally handled, but this information will get you started. dm

Question:
My husband and I have been given the greatest opportunity in the world, to adopt twin boys. This is a big thing for my husband because the birthmother is his twin sister. I have two sons from a previous marriage, and for the last 10 years he has helped me raise them. Our oldest will be starting college this year, and our youngest, born with Cerebral Palsey just adores him. I cannot have any more children, and my husband has been complaining about his biological clock. I guess with all this my question is: How do we handle this legally? We want to keep all costs down and also keep this simple.
Evie

Response from Diane Michelsen:
This is considered a relative adoption. In California, arrangements can be made to have the hospital release the children to the adoptive family and the family would then file two adootion petitions. The Dept of Social Services would send papework to the family to begin the homestudy, and the family would need to complete the paperwork, submit fingerprints and references. The Dept of Social Services will contact the birth mother if she is in California to get her consent. If she is out of state, she can sign consent in front of a notary. Because this is a relative adoption, the interstate compact would not apply so bureaucratic tape is minimized. The birth father's rights will also need to be terminated, either by signature, waiver or judicial termination. I suggest working with a knowledgeable attorney who charges by the hour since there is less complication than usual. dm

Question:
Both of my children are adopted. My 19 year old daughter, a sophomore in college, has become pregnant. Her boyfriend who is 24 years old with no education, a low paying job, and little ambition, wants to keep the baby and keep it at his house with his mother and father to raise it. My daughter disagrees. She knows they do not love each other, and have no plans of marrying, and feels that the child would do best by being put up for adoption. She feels that the child would then be in a loving home with two parents, and raised in a normal family. The father is also a former alcoholic and drug addict (has been "clean" for some time). My daughter does not want to keep the baby, and will go through whatever proper channels necessary to give the child for adoption. Does she have any recourse?

Response from Diane Michelsen:
Any answer depends on the state that the birth mother is in. Would she be willing to relocate immediately and deliver in another state if necessary? There are possibilities, but no course of action can be assessed without knowing more information.

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