We know a family who may want us to become the parents for their child. We are considering it, too. At this time, we have no agency, attorney, foster care license, etc. IF this were to occur, assuming both parties want to go forward, what should be our first step?
We understand that the first family would have parental rights for 6 months. Does anyone know if, during this time, we would be named as guardians (for legal and medical benefits purposes), and are we allowed to cross state lines during this time? Are there any limitations that you know of during this 6 month timeframe?
Editted to add: The 6 month timeframe refers to how long the first parents have to change their mind and reverse the adoption. I believe it's called an interruption (or something like that?).
I researched this like CRAZY! I understand now that, in a private IL adoption, no homestudy or license is needed. We could be granted initial custody to start the adoption process, but the adoption will not be final for 6 months. A birthmother (or first mother) would have from 72 hours after the birth of the child to the end of that 6 month period to sign consent. Once consent is signed, it cannot be revoked unless fraudulently obtained.
The best resource for this info...
http://www.infertility-law.com/faq_adoption.html
I believe this all varies from state to state...My suggestion would be to contact an attorney and get expert advice.
I would contact an attorney as soon as possible, they will know all the regulations in your state and protect you and the child.
I live in Oregon so I'm not sure if the laws are the same but here is my experience. Once the bio-parents sign off, you would treat baby as your own with full rights for legal and medical. The 6 month waiting period is time for legal paperwork finalization. After the initial paperwork is signed, you can cross state lines once a judge signs off (usually 3-5 days).
To begin the process, you should go through an adoption agency (they are usually cheaper than going through attorneys). You fill out paperwork with them and they do a homestudy.
I am not going to comment on the legal process, I would suggest you see a lawyer for that.
Frankly, I would be VERY VERY VERY careful. Adoption has become a market with a lot of money involved and MANY scam artists. Personally I probably would only do this without an agency, if you are related to the birth parents or know them very well. You will need a lawyer in any case.
Good luck!
In Illinois once the birth parents sign the paperwork in front of a judge, there is no waiting period. That's it. You sign the paperwork right after them, in front of the same judge. Approximately 4-6 months later you have a final appearance in front of the judge to finalize the adoption. That's what some people call the "gotcha day," when you receive the new birth certificate and everything. We adopted 12 years ago so some things might have changed, but there was no 6 month period like you mentioned. Is the birth family out of state? That might make a difference. Also, 12 years ago we had to have a foster care license and home study from a licensed agency, even though we did a private adoption.
You really need to get an attorney to answer these questions for you, as he/she would know the current laws in each state. We had a very good attorney who specialized in adoptions. His office is in Dundee. If you'd like his number, please message me. I can dig it out.
