Showing posts with label adoption attorney. Show all posts
Showing posts with label adoption attorney. Show all posts

Saturday, January 14, 2012

Failed Adoption

I think we just experienced a failed adoption.

A couple of nights ago, the phone rang, waking us up out of a deep sleep. It was a woman who said her niece is due tomorrow. I'll call her "C." She wanted to know if we were interested. Of course we said yes and it went from there. She immediately mentioned that she had been working with an adoption agency and that they had only offered to "compensate" her $3,000. Of course that was an immediate red flag but we still felt it was worth getting more information to see if this was a good situation for us.

We all know BMs don't get compensated for their babies. Sure, some reasonable expenses can be paid - such as attorney fees and medical bills - but compensation is completely unethical and, frankly, against the law. I pulled out my list of questions and went through everything as thoroughly as I could, asking for the birth mother's (BM's) name, address and phone number. Me and C made plans to talk in the morning.

The next morning, I texted and called the numbers that C had given me. She soon called back and I asked if we could talk to the BM. The BM got on the phone. She had just turned 23. She was living with her aunt and she was due that day. I asked her a few questions like why she wanted an adoption plan for her child and how she was feeling. She was very soft spoken, well-mannered and answered all of my questions with a little giggle and a "yes ma'am." I got a feeling that she deeply cared for her child and wanted only the best for it. When I asked her what her post-delivery needs might be, she told me I'd have to talk to her aunt. Another red flag.

I spoke with one of our adoption friends that afternoon. I told her about my concerns regarding the "compensation" discussion and the fact that the BM always deferred to the aunt. Our friend reminded me that these folks aren't in the same situation as us. We have no idea what their socioeconomic status might be or what they've been through to get to where they are. I'm so thankful that she reminded me of that. I began to see things differently and gave the aunt the benefit of the doubt. I thought, "what if my niece was in this situation?" I'd fight tooth and nail to help her out. Yet something continued to bother me, and it continued to bother Robert.

That night, around 10:00 or so, we received a text from the aunt. The BM was in the hospital and would deliver soon. We got ourselves ready to put the dogs in the kennel and make a 13-hour trip to the hospital ... not a light decision! That would have meant both of us taking off work until further notice, running to the store to make sure we had everything we'd need to stay with a baby in a hotel while ICPC cleared in another state, book a hotel, buy something lovely for the BM and who knows what else. All that before we even told our families!

We conferred with our lawyer. When he talked with the aunt, she immediately brought up "compensation." Without going into details, she said the BM had living and other expenses and asked for a large sum of money. We were willing to provide the BM with a reasonable amount (and, in fact, the law allows for "reasonable" expenses to be paid). Based on the information provided by the aunt, however, the expenses she was demanding didn't seem reasonable to us, and the lawyer agreed. Plus, we've saved and saved to provide a child with the comforts a newborn deserves.

After much deliberation with our lawyer, we decided to sleep on it and make a decision in the morning. It's my thinking that if the Universe has decided this baby is our adoptive baby, it's going to happen even if we wait eight hours to make a decision. We turned off our phone and went to sleep.

The next morning, I turned on the phone and there it was - a picture of the baby in a little white onesie, sweet as can be. I showed the picture to Robert and we sat down to talk. We decided this baby was worth fighting for. We called our lawyer and told him what we could afford to pay for expenses ... and we felt good about it. What we offered allowed us to help out the BM somewhat (who is a healthy, young 22 year old going through probably the roughest time in her life) and provide for her child in a way that we felt the child deserved. The aunt's reply? She said she'd take the baby home, get on the Internet and find another couple who could afford to pay what she was requesting.

The whole thing just felt dirty and unethical. I mean, the aunt is playing with people's lives ... and I'm not talking about ours. We are certainly disappointed, yet in the great scheme of things, I feel like the right situation will find us somehow and all will work out. We'll be fine. For that baby, though, the future is uncertain, as it is for the BM. If the aunt and BM hadn't planned on taking the baby home, chances are they don't have the first diaper, a bassinet, bottles, and all of the other essentials that a newborn needs to provide him or her with comfort and a good start in life. I hope the baby has love, though. I suspect as much because despite all the challenges, that BM loves her baby.

After talking with our lawyer one last time, we've moved on. And to help us move on, we went shopping. We hadn't bought anything for our nursery under the advice of many adoptive parents. They told us to wait because, chances are, we'd have a few weeks or even months to buy all that stuff after we were matched with a birth mom. After that experience, though, we felt it better safe than sorry. We called our friend who had just had a baby and asked her what "essentials" she would recommend in the case that we have to travel and stay for a while in another city with a newborn. Here's the list:

  • Stroller/car seat travel system 
  • Head restraint for car seat
  • Traveling bassinet
  • Boppy (okay not essential but great to have)
  • Diaper bag
  • Bathtub
  • Towels
  • Washcloths
  • Diapers
  • Wipes
  • Bottles
  • Bottle cleaner
  • Pacifiers
  • Burping cloths
  • Nail clipper set
  • Onesies
  • Socks
  • Baby powder
  • Diaper rash cream
  • Lotion

I know, doesn't really seem like a lot, does it - but the bill was $550. It sure does add up. And so, even though we thought all of these wonderful things (and more) were meant for this BM's little baby, we know now that everything we bought today and all the love and comforts we have to give are meant for another little baby somewhere. And we'll be ready.

Sunday, December 4, 2011

The First Meeting - Questions Adoptive Parents May Ask a Birth Mother

The first meeting between a birth mother (or birth parents) and potential adoptive parents can be daunting for everyone involved. To cut down on the level of stress and to help both parties get to know each other better, it's a good idea to exchange some very basic information.

As a birth mother, you definitely don't want to talk about the weather or the latest movies. After all, you're there for a reason - to find the right adoptive parents for your child. If the adoptive parents are asking you questions, it's just because they - like you - are trying to get to know you and understand if the situation is right for them. Remember, everyone at the table is probably very nervous. Take a deep breath, take your time and try to provide as much information as possible. And remember ... you are allowed to ask questions too.

Questions Adoptive Parents May Ask a Birth Mother

About the Birth Mother:
  • What is your name and address?
  • What is your date of birth?
  • What is a phone number where you may be reached?
  • Tell us your situation.
  • Why are you considering adoption?
  • Are you currently married?

The reason why adoptive parents need contact information is so that both parties can keep the lines of communication open. The adoption process requires open communication in order to be sure you are taking care of yourself and getting the best care for your baby. You may want the adoptive couple to go with you to doctor visits or help you get back and forth to your lawyer. It's always best to supply adoptive parents with as much information about yourself as possible.

About the Birth Father:
  • Who is the birth father?
  • Where does the birth father live?
  • What is the birth father's age and date of birth?
  • Does the birth father know about the pregnancy?
  • Does the birth father agree to the adoption?

Birth fathers have a right to know they are parents. If the birth father is known, every attempt should be made to obtain his consent to the adoption. In Virginia, men who think they have fathered a child can register on the Putative Father Registry so they will be notified in the case of adoption or termination of parental rights. Of course, registration does not prove paternity - birth fathers will still be required to undergo paternity testing to prove they are the biological father of the child.

About your pregnancy:
  • How do you know you are pregnant?
  • Have you had any previous pregnancies or do you have children now?
  • Have you seen a doctor? If so, do you know your due date?
  • Do you have medical insurance?
  • How are you feeling?
  • Are you having any complications?
  • Are you on prenatal vitamins?

Taking care of yourself and your baby are the most important things you can do right now. If you have not already, you should schedule an appointment with a doctor (preferably an OB/GYN) who can help guide you through prenatal care and who will be your health care partner through the delivery. You may also find connections to other resources, such as counseling to help you weather the emotions that you may be feeling right now. If you are not under the care of a doctor, you can ask your adoptive parents to help find one for you. If you do not currently have medical insurance, you may qualify for Medicaid to help pay for your health care needs. In the state of Virginia, adoptive parents are allowed to help out with medical expenses - most of the time, that means taking care of copays and driving you to your doctor visit, if you need a ride.

About your support system:
  • Does your family know about your choice for adoption? For example, what does your mother think? Is she supportive?
  • Do you have a good support system through family or friends?
  • Would you like to speak with our adoption lawyer?

You are not alone on this journey. There are countless resources available to you, if you are willing to look for them. Friends and family can offer emotional support. Counseling is never a bad idea to help you understand the feelings you are going through and to help you know that the choice you are making is the right one for you. You may want to read What to Expect When You're Expecting to understand the changes your body is going through or sign up for a week-by-week pregnancy calendar online. As for a lawyer, you will need a lawyer to represent you if you are involved in a private or independent adoption. Your lawyer will make sure that your rights and needs are represented. Have compassion for yourself and make sure you are taking care of you.

About your choice to adopt:
  • What are you looking for in an adoption plan?
  • What led you to us?

There are so many different types of adoption available today. The best part is that you get to decide what type of adoption you want for your child. Do you want the adoptive parents to be in the delivery room with you? Do you want the adoptive parents to take physical custody of your child directly from the hospital? What kind of contact do you want after the adoption? Letters and photos? An occasional phone call? You define the terms. You decide what's best for you and your child. 

Remember, the adoptive parents aren't pushing you into a corner by asking questions that probably seem very invasive. Instead, they are just trying to gather the facts needed to ensure the adoption is right for everyone involved - you, the birth father, the adoptive parents, and your child.

Thursday, December 1, 2011

What is Private Adoption?

When I was a young girl, adoption options were limited. Generally, the birth parents had no idea where their children were placed and often, adoptees had no idea they were even adopted. Today, the adoption world is very different, taking into account what's best for everyone involved.

There are many different types of adoption these days, and you can read more about the different types on Adoption.com. One common type of adoption is private (also known as independent) adoption.

In a Private (Independent) Adoption, the adoptive parents play an active role in finding a birth mother who has chosen an adoption plan for her child. Once the adoptive parents and the birth mother, or birth parents, agree that they are a good match, both parties get a lawyer to represent them. Depending on state law, the adoptive parents may pay for their lawyer and the birth mother's lawyer. In the state of Virginia, adoptive parents are allowed to pay for the birth mother's legal representation. The birth parents and the adoptive parents will have separate lawyers that represent each of their interests.

We have decided to list with an adoption agency and pursue a private adoption. We know our special person is out there and we're just trying to open as many doors as possible so he or she can find us. If we are matched through the agency, the agency will handle all of the paperwork and legal issues. We will still have to get an attorney to finalize the adoption in court. If we are matched independently - meaning we meet a birth mother or birth parents who have chosen an adoption plan for their child - we will connect them with someone who can help them select a lawyer and guide them through the adoption process.

We are so excited to be a part of this wonderful world of adoption. I've said it many times, and I believe it ... Adoption is a powerful choice.

You may also like: Independent Adoption in Virginia
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