I know of a person that says she doesn't want her baby when it is born. But she said she has a friend that can't have her own (she has four children that she can't afford already) and she wants to sign her parental rights to this baby over to that person. She also says she does not have to go through court to do this. But wouldn't she have to go to the judge at some point to legalize it?
sizesmith
Favorite Answer
The legal processes vary from state to state, so here's what happened in our private adoption, in the legal sense.
We were introduced through a mutual friend, we signed papers at the attorney's office, everyone was given what they signed, and what each of the other parties had signed. The consent forms were read out loud, so that everyone understood the legal process, including how to back out of going through with the adoption if anyone in the triad chose to.
In the consent forms were a statement that the adoption could go forward without any further legal notification to the first parents.(their names). I went to court 11 days after his birth, and the attorney went to the hearing 6 months later, and mailed us the forms.
In many states, the mother giving birth doesn't have to go to court, however, the adoptive parents do. The adoptive parents must also have a home study done before any court hearings, including things like criminal backgrounds, social worker interviews, which do include a household budget to make sure that the adopting woman can afford this child. She probably wouldn't be allowed to adopt if she couldn't afford to take care of the child financially, emotionally, mentally, and physically. If guardianship were placed with her until the adoption was to take place, there's a good chance the foster care system would become involved.
Erika
Private Adoption Definition
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With a "private adoption" 2 parties "find" eachother and use as agency and attorney to complete the adoption.
Here are some major differences between agency and private adoption.
Private: The child is place in the temporary custody of the PAPs until completion of the home study, this usually requires the aby to be in the home for 6 months. if the mother changes her mind, she has a GREAT chance of having her baby returned to her.
Agency: Usually the parents relinquish shortly after birth, TO THE AGENCY. The agency THEN places the baby in the temporary custody of the PAPs until completion of the home study, this usually requires the baby to be in the home for 6 months. if the mother changes her mind, she has a almost NO!!! chance of having her baby returned to her. If the agency wants to they can place the baby in the home of people other than those chosen
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Pirvate: Because the people already know eachother, there is little the agency can lie about. The families can do what the feel is right and it seems that there are fewer secrets.
Agency: Many times agencies puff the stories of the expectant mothers, their age, drug exposure (bad or good),
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Private: An agency does a "birth parent assesment" and they are paid weather or not they reccomend the child be adopted.
Agency: There is a greater pressure to "obtain" a baby for adoption. If they succeed they stand to make a great profit on the baby, buy charging a "placement fee" that those doing a private adoption do not pay.
in BOTH cases the PAPs need to complete a home study, background check, "adoption classes", CPR, Financial profile. It's ALL the same, expect they do not use the agency to find each other. the adoption still needs to be approved by a magistrate.
H******
What you are describing is blackmarket adoption
Adoption always has to be documented and legalized via the Courts
Anonymous
E Amicus briefs are filed by busybodies.