[JenC]

First, I"m doing this one handed, so I may do some cut-and-paste from my emails just to make it easier. I got a SSN app in the mail last Friday for Preston already filled out by the lawyer just needing my signature. They have it filled out in P's adoptive name, which obviously isn't even his legal name yet. They have his birthmom listed as mother and her SSN, but they want my signature as Adoptive mom.

Um, no, no, and no. They are insisting that the SSA has changed and this is the way they need to do things now to get P's state Medicaid to pay for his hosp bills (when he was born).

I'm sorry if this is hard to follow, but here's the back and forth between them and me:

ME: know that this is my first domestic adoption, but I spent a lot of time learning about how it works beforehand. It was always my understanding from the experience of others that a baby's birth mom would file for baby's SSN in the hosp, then once the adoption was final the adoptive parents would file for a new SSN under the new name. How can we file now for P's SSN under his adoptive name if it's not his legal name yet? Isn't (his birthmom) going to know his number? I'm a paranoid super freak about giving out SSN's. Also, won't the SSA have Shannon down as his mom instead of us?? So then do we need to go reapply later?

THEM: In the past, in order to apply for Medicaid for the baby we need to get a social security number. We apply for one and then when everything is done, you get a new one for the baby. I have spent two days at the social security office (hours) they are telling me Now they will only let the birth mother or the adoptive family apply. I have shown them the Consent, Original birth certificate and have tried to explain the child at this moment belongs to (Law Office) as they are the Intermediary and we must apply for Medicaid for the child but can’t get Medicaid until we have a social security number. They stand by their decision. So, thus the application I have filled out for you. There is no way for (birthmom)to get this information. The Social Security Card will be sent to our office. Yes, you will need to reapply with your “New birth certificate” that you will get after finalization. I do not know if you have every dealt with Social Security but they are totally impossible. It has always been done the way I first explained but now they want it this way. Once you sign and return, I will again go back with the same documents and apply again. Government, is always changing (or the employees) not sure how they just make the rules as they go. You can guess how hard it would be for us to have (birthmom) apply (or how much it may cost). (Lawyer) and I thought this over carefully and feel this is the best way. Any questions, please call him on Monday.

ME: have dealt with the SSA in getting Josh's number, and you're right, they are a PAIN IN THE... I'm convinced they like to make it as difficult as possible. I'm concerned that if my signature is on file with this application, there will be no way to file for a new one, they will be able to track it. Also, is there a reason why (birthmom) can't sign for it since she's on it? I tend to think that whomever is listed in the "Mother" line should be the one to sign for it. I would like to talk to you about it, I can try to call on Monday.

THEM: The reason (birthmom) can’t sign is because she gave up the baby, she has no reason to apply for social security. Usually, they allow the attorney as the intermediary which I pointed out to them – they agreed said I would have a card in a few days and instead we got a letter saying otherwise. We need the social security number to get the Medicaid to pay the bills for Preston. The other alternative we have is to forward the bills to you and let you submit them to your insurance company. I have done that in the past, this was a pre-arranged adoption and he was covered at time of birth. Call tomorrow so we can discuss.


Ok, if you made it through all that - I think they're nuts. But they are NOT budging one bit. They say P's birthmom can't sign because she has no legal right to P...um, legally right now, NEITHER DO I. They say that it will cost for her to file it...um, no it won't. They say that if I do it their way, file for a SSN now in P's adoptive name with my signature, that I can get a new SSN when it's final. Not with the same name and same signature (me)! I realize I may not need to get a new SSN if we do it this way, but I think that the SSA will have P's birthmom down in their system as mom for now, so then can I have that changed after finalization?

For now, I am standing my ground that this isn't the way to do it...and they're threatening me with having to pay for his hosp. bills if I don't...

What do you think?

[Fran27]

Usually the hospital bill is covered by the birthmom's insurance, and the adoptive parents' insurance covers the rest after the placement... I've never really heard of medicaid covering it, but I can see how it would be very complicated... I'm not even sure it would be legal at this point to ask for a SSN for a baby who doesn't really have legal parents.

[Hadley2]

Originally Posted by JenC

...and they're threatening me with having to pay for his hosp. bills if I don't...

DIA isn't my thing, but it sounds as if they screwed up by not getting SS app done before termination.

If the birthmother was on Medicaid, then I have to believe that there is some allowance in Medicaid rules for covering a child from birth forward. If she did not have Medicaid, then trying to get Medicaid to cover baby in the window between her parental rights and yours would indeed be tricky as it might be viewed as playing the system.

Was the birthmother's entrustment to you by name?Has your adoption petition been filed yet? Would the agency/lawyer be able to disrupt your placement and match the baby to another client? I have a feeling that the answers to these questions will help others guide you in what to do.

Good luck. I just hate it when lawyers screw up, because their mistakes are usually pretty costly.

[JenC]

I do believe birthmom was/is on Medicaid...I guess I don't know 100%, but since she's unemployed and raising other kids, I just kind of assumed. Yes, although the lawyer has legal custody of P for now, she did entrust him to us by name. I don't think our adoption petition has been filed yet since he's just now today a month old and we have post placement requirements to meet. And over my dead body will they try to disrupt the placement. I also emailed our IN lawyer (we live in IN, P was born in FL) everything asking for her thoughts. I havent' heard back from her yet, but it's only early Monday morning. I expect to hear from her later today. The FL people will be calling me later too, I'm hoping I can figure out what to say to them!

[devildogwife]

We didn't do it the way you described. Cameron's birth mom and our attorney did not file for his SSN. After our adoption was finalized, we filed for it fairly easily. His first hospitalization (a long expensive one)was covered by our insurance completely. However, if our insurance hadn't covered it, I know his birth mom's medicaid would have. So there really are a couple ways to go about filing.

[jp4ga]

You need to get a letter from the adoption agency stating that you have current custody of the child. You can then send this letter to your insurance company and they will add the child to your insurance policy. No need for Medicare to be involved.

If the baby is assigned a SS number prior to the adoption and name change it could be a mess for you in the future. The bmom of my DD applied for a number when she told us she had not. When I went to get her number they told me she already had a number under her old name and that we could not get a new number. They wanted to give me the same number under her new name. I had to file a petition with the court to get a new number. We used the bmoms criminal record as our basis. After months of fighting we got a new number. Guess what the Bmom filed the old number on her taxes to get a larger refund. She is now being charged with fraud.

HOLD YOUR GROUND

[JenC]

He's already added to our policy, but I thought it was just retroactive to when TPR was signed, not since birth. I'm not so sure our ins co. would pay for his birth expenses, I guess I can check into that later today.

[swd]

None of this sounds like the order we were told things happen....

Our son had his own name, BC and SSN when he was born. Birthmom is listed on his BC. We couldn't do ANYTHING before the adoption was final. (Not TPR, the whole adoption...)

Even after TPR, he was still Baby Doe with his birth mom on his BC and his original SSN. Now that the adoption is final, we have to wait another 2-3 months for the new BC with OUR names and his adoptive/forever name to come. Once we get that, we can go down to Social Security and get him a new card with a new number issued.

Once we have his new SSN (or BC, if we had decided not to change his SSN), we can get him on our insurance plan and he'll be covered retroactively to the date his adoption was final, NOT his birthdate. (Since you're dealing with a newborn adoption, it might very well be retroactive to his birthdate, but I'm not sure how much time has to elapse before they decide to make it the finalization date. At any rate, he should be covered by Medicaid or the birth mom's insurance until he's finalized with you.)

If he's not "legally yours" I don't see how you can do any of this, but maybe the laws are different in your state?

[Magic_Hat]

Our agency said the baby would be covered retroactively by our insurance from birth, not TPR or placement. And they were saying that to a room full of PAPs so they weren't talking about anyone's specific insurance. They generally try to get emoms who don't have their own insurance on some kind of aid to pay for their part of the hospital stay cause of course, our insurance wouldn't cover her in any way. I've seen threads about this on a.com and it seems like most people's insurance works this way even if they are initially told no by the insurance company (I think they really try to get away with not covering it but they have to--don't get me started on insurance companies!).

As for SS#, our DD didn't get one at birth. And we didn't need one because we got a tax ID number to do our taxes that first year. Once adoption was finalized and she had our name, we applied for one.

It does seem like what you are being told is faulty.
Good luck!

[aclee]

Tyler's bmom was on medicaid (she applied after she gave birth) and it covered both of them while in the hospital. Tyler did not have a SSN till after we finalized.

[jp4ga]

Most insurance companies will pay from birth or from date of placement. My DD was a baby born, she was a week old, so they would not pay her actual hospital stay. They however, paid everything from day 7 (date of placement) on.

The SSN is a pain in the rear if the BParents have already applied. Many SS offices will tell you that you have to keep the old number, but stand your ground and get a new number. Do not apply for a number until the adoption is final.

Changing the number after it had been assigned was an issue that took months to resolve. But it was worth the fight.

[JenC]

Well, I just got off the phone with our IN lawyer and she confirmed what I thought - what they are trying to do is screwy. She's emailing them to tell them the right way to do it, apparenty. If they still refuse, it will all be filed with our ins co. Guess we will wait and see how many bills start rolling in...

I know that I can't say the name of this law agency, but I would not recommend them to anyone, expecting mom or adoptive family!

[swd]

Sorry you're having such a terrible experience with the agency. When you start getting the bills, call immediately and let them know there will be a delay while you get his insurance straightened out -- maybe at least some will be understanding and not slap you with late fees, etc.

Good luck getting it all sorted out! I hope it doesn't take long.

[sugarmuffin]

Sorry about your troubles. I didn't get my DD SSN until the adoption was finalized.

Goodluck and please keep us posted

[ChromaKelly]

Originally Posted by swd

None of this sounds like the order we were told things happen....

Our son had his own name, BC and SSN when he was born. Birthmom is listed on his BC. We couldn't do ANYTHING before the adoption was final. (Not TPR, the whole adoption...)

Even after TPR, he was still Baby Doe with his birth mom on his BC and his original SSN. Now that the adoption is final, we have to wait another 2-3 months for the new BC with OUR names and his adoptive/forever name to come. Once we get that, we can go down to Social Security and get him a new card with a new number issued.

Once we have his new SSN (or BC, if we had decided not to change his SSN), we can get him on our insurance plan and he'll be covered retroactively to the date his adoption was final, NOT his birthdate. (Since you're dealing with a newborn adoption, it might very well be retroactive to his birthdate, but I'm not sure how much time has to elapse before they decide to make it the finalization date. At any rate, he should be covered by Medicaid or the birth mom's insurance until he's finalized with you.)

If he's not "legally yours" I don't see how you can do any of this, but maybe the laws are different in your state?

This was my experience too. I don't think Caleb got assigned a SSN before we applied for one, or if he did, it was never used. I remember the birth certificate lady at the hospital said she was putting down on the form NOT to send a SS card out.

We then applied for his SSN once we received his amended birth certificate, which was AFTER the adoption was finalized. I just went to the local social security office and applied for it, much easier than I thought it would be.

Caleb's birthmom was also on Medicaid, and I've never heard anything about the hospital bill. AFAIK, since she was covered by Medicaid, then Caleb's birth was too, since he was not in our custody until discharge.