[tay]

If the birthmom is on drugs, should she decide on who gets her kids or should the state?

[DianeS]

Are you looking for opinion or for fact?

My "opinion" is that nobody who endangers their unborn child in any way should be trusted to treat them correctly after birth. The child should be removed by someone and placed in a family with no such problems. If the mother chooses a particular homestudied family and follows through with placing with them, that's fine with me. If not, the state should do so.

The "fact" is that states have different laws about this, and if you're in this situation it's important to know if your state allows a birth parent to make an adoption plan for such a child, or if your state automatically removes the child into state control.

In some states, if a child is born addicted to drugs, the state will automatically remove the child and place the child in foster or adoptive care, in spite of a previously-made agreement to place that child in a waiting adoptive home. In other states, the mother is allowed to proceed with a previously-made agreement to place her child, as long as she actually does so.

In some states, whether the birth parents have had other children removed from their care is the determining factor saying whether the birth parents or the state will determine the adoptive placement for the child. Sometimes whether there are other children in the home that are not going to be removed can affect the decision, too.

In most states, a birthmother who uses drugs is in no danger of having the state remove the child as long as she abstains from drugs long enough for her child to be born "clean". She can therefore make her own placement decisions.

Did that answer what you wanted to know?

[tay]

thanks you gave me alot of helpful info..