[jessica mac]

Hi there-
I also wanted to include this post within this forum as well for those of you seeking adoption due to your unplanned pregnancy (You can also find it in the "considering your options" forum). Every birthmother has fundamental rights when making an adoption plan for thier child. Although laws differ from state to state, these rights apply in any situation or location. It is very important to know your fundamental rights when making an adoption plan to set a standard for yourself and the treatment you deserve. These rights should also guide you in the right direction when choosing a resource to help you. Please post any questions or comments you may have on the information below...


1. Make decisions free from coercion or pressure;
2. Be informed of and understand the scope of services provided by the adoption resource;
3. Be treated with dignity and respect at all times;
4. Be informed of any financial considerations or expectations that the adoption resource has of you prior to your making any decisions.


YOU HAVE THE RIGHT TO:

Choose to raise your child and to be referred to other social service agencies that may support you in providing for your child.

Refuse to sign a “Final and Irrevocable” surrender or consent for adoption (right up until the last moment before signing) if you have any hesitation or doubt about your decision to place your child for adoption.

Request after-placement visitation and contact with your child’s adoptive family. However, after-placement agreements—including those involving after-placement visitation and contact—are not currently enforceable under state law.

Have all documents that you are asked to read and sign written in your preferred language.

See your baby and exercise all parental rights you wish to before signing a Final and Irrevocable Surrender for Purposes of Adoption.

UNDERSTANDING THE scope of services
YOU HAVE THE RIGHT TO:

Explore several ways of pursuing adoption before choosing an adoption resource with which to work. However, you may not accept financial support from more than one resource at a time.

Include friends or family members in any meetings you attend with the adoption resource or prospective adoptive family you select.

Receive unbiased, objective counseling that informs you of the range of options available to you, including raising your child or proceeding with an adoption plan.

Take an active role in choosing your child’s adoptive parents, including speaking with and meeting prospective adoptive parents without obligation, as part of the decision-making process.

Be presented with and choose an adoption plan ranging from open to closed adoption, and to receive assistance from your chosen adoption resource in implementing the adoption plan you choose.

Request that your adoption resource help you in providing temporary child care for your child (at no cost to you) should you need time before deciding whether or not to place your child for adoption.

Receive answers to any questions you have regarding the adoption resource and/or the prospective adoptive parents, and to obtain written any verification of the information that you have been told in writinggiven verbally, as permitted by your state's law.

Independent legal counsel: If your adoption resource is an attorney, you should ask if the attorney is representing the adoptive parents. If so, you have the right to request your own legal representation at no cost to you. Similarly, if your adoption resource is an agency or a facilitator, you may wish to have legal representation. You should ask about the agency’s ability and willingness to provide you with an attorney at no cost to you, and to know whether your attorney has any financial or other relationship with the agency.

YOU HAVE THE RIGHT TO:

Be treated with dignity and respect, in a non-judgmental manner.

Receive services for yourself and your child regardless of race, religion, ethnic background or disability.

If you received emotional support or financial assistance in any form, including loans, advances, and payments for living or pregnancy expenses from the adoption resource or prospective adoptive parents, you are under no obligation to place your child because you received such support, and you are under no obligation to repay your adoption resource or the prospective adoptive parents, whether you ultimately place the child or not.

If you receive emotional support or financial assistance in any form, including loans, advances, payments for living or pregnancy-related expenses, from the adoption resource or prospective adoptive parents, you are under no obligation to place your child because you received such support, and you are under no obligation to repay your adoption resource or the prospective adoptive parents, whether you ultimately place the baby for adoption or not.

BE INFORMED OF FINANCIAL CONSIDERATIONS
YOU HAVE THE RIGHT TO:

Terminate your relationship with an adoption resource and/or change adoption resources at any time, for any reason, without any consequences, financial or otherwise.

Receive help if you need to apply for public assistance for which you and/or your child may be eligible, especially if having the financial help provided by public aid would influence your decision regarding whether or not to place your child for adoption.
These rights are fundamental but specifics may differ from state to state by thier individual laws. A good adoption agency will provide all these resources to you free of charge and will make sure your rights are protected.

[bromanchik]

I wanted to add a few corrections/additions.

Originally Posted by jessica mac

Hi there-
I also wanted to include this post within this forum as well for those of you seeking adoption due to your unplanned pregnancy (You can also find it in the "considering your options" forum). Every birthmother has fundamental rights when making an adoption plan
for thier child.

1) Legally and ethically an expectant/new mother is not a birthmother until she signs the papers. To make this a "Birthmother's Bill of Rights" is to give her a title she does not need or deserve. In fact it can set her up to emotionally own the title prematurely and can effect her ultimate decision.
2) Also, these rights pertain to expectant/new fathers as well. I prefer Bill of Rights for Expectant Parents Considering Adoption" A mouthful, I know, but accurate.

Originally Posted by jessica mac

YOU HAVE THE RIGHT TO:

UNDERSTANDING THE scope of services
YOU HAVE THE RIGHT TO:
Request that your adoption resource help you in providing temporary child care for your child (at no cost to you) should you need time before deciding whether or not to place your child for adoption.

I would also add... "You have a right to take your baby home and take as long as you need to to decide if adoption placement is the right thing for both you and your baby."

Originally Posted by jessica mac

YOU HAVE THE RIGHT TO:
If you received emotional support or financial assistance in any form, including loans, advances, and payments for living or pregnancy expenses from the adoption resource or prospective adoptive parents, you are under no obligation to place your child because you received such support, and you are under no obligation to repay your adoption resource or the prospective adoptive parents, whether you ultimately place the child or not.

This is actually not true in the state of Oklahoma. They changed the law in OK to make it legal for adoptive parents and providers to sue for reimburstment of financial support should an expectant mother not place.

Originally Posted by jessica mac

BE INFORMED OF FINANCIAL CONSIDERATIONS
YOU HAVE THE RIGHT TO:

Terminate your relationship with an adoption resource and/or change adoption resources at any time, for any reason, without any consequences, financial or otherwise.

Again, in OK this is not true.

[loveajax]

Sorry to butt in here, I am an a mom and wanted to add that after-placement open adoption agreeements ARE enforceable in some states (like mine!).

[jessica mac]

Thank you very much for the corrections...I will definitely be editing this information as I do not want to misinform anyone.

Loveajax...I'm just curious but what state do you live in that enforces open adoption agreements?

Thanks again!

[BrandyHagz]

Jessica,

I encourage you to do a bit of reasearch on Adoption Laws - it sounds like maybe you were speaking about your own state, specifically, which doesn't have laws regarding opennes

Currently, 18 states have legislation allowing written and enforceable adoption with contact agreements.

Arizona, California, Connecticut, Florida, Indiana, Louisiana, Massachusetts, Minnesota, Montana, Nebraska, New Mexico, New York, Oregon, Rhode Island, South Dakota, Vermont, Washington, and West Virginia

There are, also, eight other states that address the issue of post-adoption contact, however they do not provided for enforceable agreements.

Here is a complete list of all of the states in the US that have some type of ongoing contact statutes on the books, most (18) do have language that make the agreements enforceable, however the other eight simply state that ongoing contact is ok (remember, laws used to say it was illegal!) but don't contain verbiage that makes it enforceable, should an agreement be written.

Alaska
Arizona
California
Connecticut
Florida
Indiana
Louisiana
Maryland
Massachusetts
Nebraska
Nevada
New Mexico
New York
North Carolina
Ohio
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Vermont
Washington
West Virginia

[jessica mac]

Hi there-

I am having trouble editing this thread and was wondering if any of you can share how I may be able to do so.

In the mean time please let me share that the source of this information came from the agency I worked with out of Illinois. I edited it before posting to omit any laws unique to Illinois so that it would be more of a fundamental guideline. However, it has been brought to my attention that certain rights I have included do not pertain to other states and I do apologize for this misinformation. Please be aware of this as your read it. I am hoping to edit this information ASAP.

Thanks!

[taramayrn]

After posting you have one hour to edit your post.

[BrandyHagz]

Odd that an agency would be passing on misinformation - of course, if they are only talking about Illinios, then they are correct.

You can find the information I posted about on the National Adoption Information Clearinghouse Website - or more specifically, within this PDF, available on the NAIC's website.

http://naic.acf.hhs.gov/general/lega...ooperative.pdf

[BrandyHagz]

You can also find more information here: Openness in Adoption: A Bulletin for Professionals

[crick]

Just to prevent further misinformation etc. being posted on this topic, I'm closing the thread. I suspect the OP didn't realize all the problems this could create.

Hopefully a current updated "bill of rights" will be created and further discussion can be had.