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julie j asked in Pregnancy & ParentingAdoption · 1 decade ago

A different question pertaining to babies who are breastfed by PAP’s?

Note: Please read entirety before responding.

I know the topic of adoption & breastfeeding has been addressed here before. This question is not about whether it is physically possible. What I am asking is how LEGALLY this is accomplished.

Who gives permission for this decision – the first parents? The state? As I understand, foster parents are never permitted to breastfeed babies in their care as it obviously involves intimate physical contact & the exchange of bodily fluids from one person to the baby. Babies placed into prospective adoptive homes are sometimes breastfed even though that home may not become a permanent placement for them. If adoptions take a minimum of 6 months to finalize from the time the child is placed in the prospective home, (presumably this is the time most babies are breastfed) how can adoptive breastfeeding be legally permitted at all when A) the child is not legally theirs yet and B) it’s unknown whether he or she ultimately will be.

Thank you for your answers.

Update:

ETA- 6 months is the minimum required time between petition to adopt and a final adoption decree being granted. Sometimes it can take years. Petition to adopt cannot begin before the child is placed in a prospective adoptive home. To clarify, this is questioning the legality of breastfeeding babies who have not yet been legally adopted and are currently in prospective adoptive homes. Thank you.

11 Answers

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  • 1 decade ago
    Favorite Answer

    At least in terms of foster care, once TPR has occurred, the courts have legal rights over the child. If a PAP wants to breastfeed her foster-to-adopt child (eww), then I would imagine she would file a petition with the court to get permission to do so.

    If the child was placed in an adoptive family as part of pre-birth matching (eww), then I suppose the child's first mother would have to give permission for the PAP to breastfeed.

    Source(s): It's all icky to me.
  • cmc
    Lv 4
    1 decade ago

    It is true that the adoption is not finalized for at least 6 mo, but you have custody from the agency to make all medical decisions for the child. Technically the child is in the agencies care, but practically they only do periodic monitoring during the post-placement phase. So you make all decision about how and what the child is fed. With domestic newborn adoption the child will remain in the parents care unless there is a problem. It isn't really accurate to say it is unknown, it is pretty well known with a few exceptions. We considered our child "ours" from the moment the first mother signed the papers. There was some risk this could change before we finalized, but very small.

  • Anonymous
    5 years ago

    get a second opinion. my baby goes 3 1/2 - 4 hours who is breastfed, she just eats well when she eats and sleeps for abot 2 1/2 of that waiting time. it's healthy for babies to eat full feedings to get the high calorie hind milk that will sustain them between feedings my baby is 12 weeks old and was born at 6 pounds in the 8% of babies, at 2 months she was 11 pounds now in the 55% so shes gaining well, sleep is a huge key (she was slepng through the night at 9 weeks) and no crying or suffering or anything crazy. you can do it. just make sure he eats full meals when he wakes up, and he only up for about an hour and a half - 2 hours

  • 1 decade ago

    Most infant adoption is considered "private adoption", not through the state. In these cases, there is time for the adoptive parent to take the hormones to breastfeed, and to produce milk, and as far as the legality goes, when our son's first mom signed consent to adopt papers, I also had the forms to sign for all medical, and all decisions in his life, as well as a permanent guardianship, until the paperwork of the process catches up.

    I didn't breastfeed either of my children (bio or adopted) because of a condition where I can't. I found that the fact that I didn't breastfeed had nothing to do with the bonding process, and both of my sons are extremely close to me. Even at 11 days old, my adopted son sceamed when his first mom held him, and quieted she handed him back to me.

    In private adoption, the guardianship places the right to breastfeed, as they have legal guardianship until the adoption is finalized, or in the unlikely event that the child is taken away.

  • 1 decade ago

    we just used formula. he had teeth by the time we got him at seven months, and I'm not about to intentionally put any part of my body in his mouth when he doesn't understand about biting. Heck, he almost took off my finger tip yesterday when I offered him part of a brownie!

  • Randy
    Lv 7
    1 decade ago

    I can only speak of social services or foster care placements or adoptions in my area but I just took a list at our Province's Child, Youth and Family Enhancement Act and it's accompanying Manual (in plain non-legal text) and there is no prohibition against breast feeding at all.

    I also took a look at the legal delegation of authorities form I was given when we were the foster parents of our now adopted daughter and we could do the following without prior approval from anyone:

    1. Decide day-to-day matters such as diet, dress and discipline within Ministry policies.

    2. Decide involvement in social activities such as peer associations, field trips, camping experiences and recreation.

    3. Decide educational, training and employment matters such as identifying resources, consenting to enrollment and evaluating utilization.

    4. Give consent to acquire recreational licenses and permits other than for firearms or vehicle operation.

    5. Consent to ordinary medical or dental care.

    6. Consent to emergency treatment or surgical procedures.

    I guess all I'm getting at is that in some areas breast feeding is not prohibited and therefore if a foster parent or adoptive parent chooses to do it there is nothing to stop them from doing so. (We didn't ourselves by the way)

    ETA: We received our daughter, as a foster child, when she was 4 days old. Under our system the Director of CPS already had a Temp Guardianship Order which allows him/her to act as the parent of the child without parental consent for most things. It's just as the name implies, a temp order until such time as the child is returned or a permanent order is granted. I believe it must be reviewed legally ever 30 days or so but it stays in effect till rescinded or converted. Also, contrary to some of the other statements, adoptions do not take a minimum of 6 months since our daughter was adopted just before she turned 5 months. All legal and proper through our foster case system.

  • ...
    Lv 5
    1 decade ago

    I personally feel that it should be a doctor's prescription. If it's what the child NEEDS then who care's about who needs to give who permission. The Aparent and child should be tested and show to be compatible and then decide if it's in the baby's best interest. I wouldn't want to see the baby exposed to a whole new set of disease possibilities.

    If the baby's mother still has her rights, then I think her permission should be required. If she prefers, and the child NEEDS breast milk, then she can provide it or use a milk bank. Although exposing a baby to many donors is a greater risk than 1 healthy donor, the risk is for the legal parent to decide on.

  • Anonymous
    1 decade ago

    If the adoption has not been finalized then the natural mother should have all rights to decisions made about nursing, medical care, etc. She is still the legal parent at that point.

    Prospective adoptive parents should have no rights to make these decisions until the legal process is finalized.

  • Neil
    Lv 7
    1 decade ago

    Among other things, adoptions do not always take six months to become final, nor is the first six months the only time nursing is possible or the only time it's of value. Nor are all babies whose adoption is not yet finalized in foster care.

    Edit: The rules in your state are not the rules everywhere.

    Further edit: The question was not about what should be done or not done, and I said nothing about that. The question was about legality, and so was my factual answer. All the "thumbs down" say a lot more about those giving them than about me or my answer.

  • ?
    Lv 7
    1 decade ago

    breastfeeding should not happen under any circumstances except with first mother's permission and/or an over ruling medical condition.

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