adoption paper work not completed when the baby is born?


baby adoption
yayamush asked:


if the paper work is not fully completed when the baby is born who gets to take the baby home, the birth mother or the adopting parents?
well my boyfriend is adopting his sisters baby, and we were wondering how the taking home would work. his sister doesnt have a choice in to keep the baby or not so thats not an option.

This entry was posted on Sunday, March 21st, 2010 at 12:00 am and is filed under Adoption. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

8 Responses to “adoption paper work not completed when the baby is born?”

  1. Lynne W Says:

    A foster parent would be the answer. Lynne W

  2. gypsywinter Says:

    Who’s asking the POTENTIAL adoptive parents or the mother herself? gypsywinter

  3. cricketlady Says:

    It usually is the foster parents. cricketlady

  4. sizesmith Says:

    Legally, the first mom (as you’ve referred to as birth mom), has the right to take the baby home. She also has the right to place a temporary guardianship with the prospective adoptive parents, who could then take the baby home. Also, many hospitals have their own policies to how their own legal paperwork is done. In our case, our son’s first mom was dismissed by the hospital the day before he was. Our attorney was luckily prepared to handle the paperwork, and knew that the hospital had their own, and it was signed before she left, otherwise, she would have had to come back to the hospital, be wheeled to the edge of the property, and then Jacob would have been handed over. I know that a process like that would be most horrific on her! It was already a situation that was unbearably hard on her, but it was her choice to place him.

    Social services would have the authority to take him, even though the first mom’s plan was for us to adopt him into an open adoption, if we hadn’t worked together on getting the correct paperwork signed, we wouldn’t have been able to adopt, because even though we were approved with home study and by the first parents, we hadn’t been through foster parenting courses to protect him.

    Overall, everything goes to the first mom until she signs the dotted lines. If she left the hospital without signing, it can be considered abandonment. sizesmith

  5. Wellspring Says:

    No adoption paperwork is completed when a baby is born. The courts have to recognize a baby as available to adopt before the adoption process can even begin. So if the ap’s take a baby home from the hospital they do so without the adoption being completed and legally finalized by the courts. Wellspring

  6. Pretty Kittys Gt Klaws (=^_^=) Says:

    Everyone thumbs downed Crickett, but she is right…
    Foster care is the “neutral” home. Pretty Kittys Gt Klaws (=^_^=)

  7. Lady Rowan Says:

    And why isn’t the mother being given a choice?

    The PAPs usually take the baby home from what i’ve seen, and if the mother decides to not sign the termination papers, or that father shows up and wants his child, then they take the baby. Lady Rowan

  8. cmc Says:

    Talk to your agency or social worker. I’m not sure if the woman if voluntarily relinquishing. The baby can usually go home with the adoptive parents, but some paperwork has to be completed - even if it is not the relinquishment. In a private adoption in many cases the child is legally the responsibility of the adoption agency who then gives temporary custody to the adoptive parents. Later things are made permanent. It is also possible there may be a need for temporary foster care depending on the situation. cmc

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