[Stormster]

Gosh Michigan is complicated. So Dad signed his Michigan Custody Statement form which is not actually the TPR but a big step toward it. I kind of thought it was the TPR but was corrected by social worker today.

Now, as I understand it, Mom will sign papers at the hospital giving us custody.

A few days later, Mom will go to court to do court stuff including TPR. I don't think it will be few days, probably a week because she lives four hours from the court and may not be up to it. Dad doesn't have to go because of the paper he signed.

Then papers need to be filed for interstate compact...that's where the extra 10days - 2 weeks comes in....

Then we can take the baby home to NY.

Then I think we have 2 visits over the next 6 months by a social worker to check the home.

After Six Months I guess the adoption is legally final.

PLEASE DON'T TELL ME I HAVE TO WAIT SIX MONTHS TO SEND OUT BABY ANNOUNCEMENTS?????

Anyway, please correct me, give me your thoughts etc...Thank you!

[nikkianni]

Hey Storm. I actually just posted this in Domestic Adoption.
Birthmom will sign TPR at the hospital. Then the court date will happen, usually in about 10 days. That's when they, (she) will basically tell the judge she knows what she's doing and sign over rights. They can change their minds without any reason within the 10 days between TPR signing and court date.
I'm not sure about ICP or any of that because we were lucky enough to live in the state we adopted in.
The six months thing is just something Michigan requires. The way it was explained to me was that the bparents can only change their minds if they can prove coersion, no knowledge of placement, that kind of thing.
We actually just had our three month visit day before yesterday so we're almost there!

[joskids]

Storm, you can send out announcements as soon as the 10 day period is over and baby is officially placed with you as an adoptive placement. You could also send announcements at finalization. As for ICPC, I would assume your agency will get ICPC paperwork rolling before that 10 day period is up and once the relinquishments are signed, so you should be approved to return to New York by then. Best wishes to you. Keep us posted. This is SUCH a difficult time, so close and yet seems so far.

[tinktink]

Stormster, until court happens it is still legal risk. At this point it is late for a birth announcement for Zoe, but you can bet we will have a blow-out finalization party!!!!

[ecs5298]

Okay...here's Michigan law as I remember it from 2 years ago. At the time of placement the birth mother and birthfather (if known) sign a custody agreement giving physical custody of the child to the adoptive parents. Within 30 days of placement you or your agency has to file the petition for adoption with the probate court in the county in which the adoptive parents reside. A court date to TPR by law has to be schedule within 30 days of filing the petition. Once the birthparents rights have been terminated they have 21 days to appeal to the court to reverse the decision if there was fraud or coercion. The court doesn't have to grant the appeal. After the 21 day appeal period, it's over for the birthparents. Your child technically becomes a ward of the court living in your house while you are under 6 months of court supervision. Within that 6 month supervisory period at least 2 home visits must be made by the designee of the court and the findings filed with the court. After six months of court supervision you can petition the court for finalization of the adoption. You can have your adoption finalized by mail or by court hearing. Once finalized, your child is as legally yours as anyone else's is. A new birth certificate is issued by the State of Michigan usually within 12 weeks of finalization.
Hope that helps. One caveat,the TPR hearing is required within 30 days of filing the petition for adoption unless the court has a backlog of cases and then it can be whenever the next available date is. So if you're filing in a county such as Wayne County, you may have to wait longer for the TPR hearing.

[ermiller]

I want to comment that the paperwork signed at the hospital or prior to baby being placed in the home is jcan either be custody agreement to place the child with parents directly or custody agreement to place the child with the agency, then the agency turns custody over to you.

From my understanding the hearing can be anywhere no less than 10 days after placement onward, depending on case load. Our court date for our daughter was not until 12 weeks after she was born. Granted, we were obligated to find bdad (named but refusing to be located!) to serve him notice of the hearing, which added a couple of weeks to our timetable. If Bdad signs the intent to terminate his rights paperwork prior to the hearing, he can revoke his consent up until the date of the hearing.

Good luck