[capricejeff]

I have been speaking to a relative of a tiny, premature baby who has been abandoned by his mother. She's around, but will have nothing to do with him. Same with the father. The mother is willing to give up all rights. We had decided about two or three months ago to adopt a child, but hadn't even started down the road of agencies, paperwork, etc... This is sudden, but it would be a blessing.
I'm wondering:
A) If the mother wanted the baby to go to us, could she give him to us?
B) What do we have to do legally to adopt the child?

Help......

Jeff

[Myguatcutees]

If the Birthmom flatly 'gave' the baby to you, you would not have any legal rights ie medical care, later on in school etc as Parents to this Baby. If DCFS found out they could automatically take the Baby, and put it in Foster Care.

You need to complete a Homestudy, if Birthmom chooses to
goes through Foster Care, for this there is very little to no cost. If you hire an Attorney figure on spending upwards of $15,000.

Is DCFS involved in the case presently?

[alicia hunter]

??Possibly go for guardianship temporarily until adoption stuff is done????

[capricejeff]

The baby is in foster care. The girls cousin has been trying to find adoptive parents for the child. The question is, if the mother wanted the child to go to us, how much "say" does she have? In other words, can she tell the court she wants us to adopt the child?

[Myguatcutees]

I would talk to the Case Manager instead of going through a 3rd Party.

The answer to your question would depend on how much stability the Case Manager sees. Ultimately it is the Case Manager who makes the decision regarding Adoption.

If Mom's Parental rights were terminated at the time she Abandoned. Then Legally in the Court's eyes. She has no say in the matter of who gets the child. It sounds like her Parental Rights have already been terminated since the Aunt is looking for an Adoptive Family and not Mom?

[capricejeff]

According to the cousin, the girl still has her rights and the court has not taken them away. She said the child was in foster care. She also mentioned that they had "time left" to find the child adoptive parents before the baby was put with CPS.

[Myguatcutees]

If the Baby is in Foster Care then CPS is already involved. That is what I mean by contacting the Case Manager.

[capricejeff]

out of curiosity, say that the child was still in the hospital and not in foster care. then what could have happened? Assuming the mother had all her rights intact. Could she have "chosen" us?

[AmyTx]

If you were to go towards Foster care for a kinship placement... you can have dibs on the child.. but if she just hands you a child without you getting an attorney she could come back at any time and take the child from you.. Me and my husband were done with Foster care classes in 5 weeks.. we started the process in nov and homestudy complete jan 6th.. Just consult an attorney and ask them which is the best route to go... good luck

Amy

p.s. yes by the way she could have chosen you but you would have needed legal documents drawn up for adoption or she could have sign over legal guardianship to you.

[Myguatcutees]

Social Services at the Hospital would have placed the Baby in Foster Care. While they contacted Dad and his Paternal Family who also have their Parental rights before you with the Adoption.

If someone from his Family Dad, Parent or Sibling were to submit a Homestudy. They would be given Custody.

[capricejeff]

A little more clarification today. I get the sense that the child wasn't totally abandoned (ie- left at the firestation door). She took him to the hospital and asked for help. The mother voluntarily asked for the baby to be put into a temporary foster home while she finds a family for the baby or takes him back. She apparently does still have all her rights. I should find out more today....hopefully.

Jeff