[tbmichals]

I'll try to keep this short. We have been matched for a private adoption. The birthmother already had a lawyer so we are just using him also. In our first meeting he suggested we could get a Temporary Custody Order for the baby before she was born and then we would already have it. (they would have to go before a judge). Now he is emailing me saying he doesn't think it is really necessary.
Has anyone going through private adoption gotten one of these beforehand? Is it really necessary?

They will be signing rights away 10 days after the birth.

[feelingreyt]

Originally Posted by tbmichals

I'll try to keep this short. We have been matched for a private adoption. The birthmother already had a lawyer so we are just using him also. In our first meeting he suggested we could get a Temporary Custody Order for the baby before she was born and then we would already have it. (they would have to go before a judge). Now he is emailing me saying he doesn't think it is really necessary.
Has anyone going through private adoption gotten one of these beforehand? Is it really necessary?

Our adoption was private. We did not need a Temporary Custody Order. In our case, the baby was already born.
I wonder, unless there is a reason the emom can't parent(legally), is it even legal to get custody of a baby not born yet? I'm just asking because I have never heard of this.
Either way, Congrats and best of luck to you!

[Asha0314]

I don't know about the temporary custody order, and I didn't know the expectant mother and the pre-adoptive parents could have the same lawyer.

[oceanica]

The way it worked in our private adoption was that the baby was in the hospital after birth and when her Mom signed TPR, she was technically in the custody of the lawyer who gave her to us. Until finalization I think she was in his custody.
I'm not sure if that's what you are asking about. Maybe her lawyer is not actually an adoption atty.

[feelingreyt]

Originally Posted by Asha0314

I don't know about the temporary custody order, and I didn't know the expectant mother and the pre-adoptive parents could have the same lawyer.

We only used one attorney for our adoption. It was perfectly legal. Of course every State has different laws. It's best to research your State Laws or the State Laws that adoption is taking place in.

[gigigeorge]

We did this with Aidan because he was released to us from the hospital prior to TPR, it was completely revockable etc just for us should we need to get him medical attention etc. It didnt change anything in regards to the TPR, meaning that until then mom still had her rights etc just gave us the authority for him should we need it (which thankfully we didnt).

g.

[feelingreyt]

Originally Posted by gigigeorge

We did this with Aidan because he was released to us from the hospital prior to TPR, it was completely revockable etc just for us should we need to get him medical attention etc. It didnt change anything in regards to the TPR, meaning that until then mom still had her rights etc just gave us the authority for him should we need it (which thankfully we didnt).g.

We actually had Power Of Attorney over our son. He is a relative and originally he was only to be placed temporarily. We had POA so we could get him medical treatment, ect.
When we were asked to adopt we hired only one attorney. We offered to hire his bmom her own attorney, but she said no, one was fine. She had been in counseling her entire pregnancy and had always wanted adoption to be her plan. She just wanted to know the family that was adopting him. It was weird how it all worked out, but it did. And I thank the Good Lord for His guidance and direction!
Our adoption is open, but right now his bmom is not in contact with us.

[mandirenee]

We had an independent/private adoption possibility baby already born and here's what I know (but it's certainly not legal advice):

The attorney doing the temporary custody, consents, and termination of parental rights is the birthparents attorney. Your attorney comes into play at finalization - which usually would be a seperate attorney, but doesn't have to be in all states.

In some states and depending on the attorney they may wish to do a temporary custoday order when TPR is not signed or is revokable for a period of time (which was the case in our situation). This order is the only way you can take the baby with you legally from the hospital. In some states the consent for adoption handle temporary custoday, and it just depends on how the attorney handles. In some cases people might have had a temporary custody order and not even known it. So this isn't that uncommon.

Best of luck!

[powderpiggy]

I don't know about temporary custody before the child is born but in a private adoption a temporary custody order must be in place for you to take baby home after TPR. This is the order that grants you custody until the adoption is finalized. In an agency adoption the agency typically gets custody until finalization.

But I don't know if it is common to get a custody order before birth..that seems kind of strange to me since TPR is not granted until after birth (length of time depends on the state).

[SamIAm2]

We did a private placement/adoption. We used one attorney for the entire process. Natalie was already born so we were given Legal Guardianship until finalization. It was revokable, however, it gave us custody and we could add our daughter to our insurance and make important decisions concerning her.

[startedover]

We did have guardianship because we had not done a homestudy yet. I may be wrong ,but I thought that was why we had it. We also had a ten day waiting period.

[Persephone76]

We had Temporary Custody Order of our son they said it was because our home study was not done yet. Either way we had it in place.

[Whirled_Peas]

We did private, hospital placement, Bmom signed something giving us custody and medical POA. A judge gave us a temporary custody order so we could get insurance for her. Except for the insurance, we would not have needed the order.

We had our attorney and we hired a second for the bmom for when she signed tpr. That way there was no conflict of interest over tpr.