The laws of the state in which the child was adopted determine who has access to the original birth certificate or other adoption records, and whether those records are sealed (unavailable). For information about the law in each of the 50 states and the District of Columbia, see the: http://www.childwelfare.gov/adoption/. This links to the Child Welfare Information League’s numerous publications on the legal aspects of adoption.
Processing an adoption can be a scary prospect. For those who’ve never done it before, you don’t know what you don’t know. A lot is at stake and a lot can go wrong. Issues can crop up as new information comes to light. An experienced adoption attorney can anticipate and preclude these issues. A good adoption attorney will help preclude problems, issue spot risks and potential legal roadblocks, and manage the relationship with the biological family. An attorney is also able to help all parties find appropriate resources depending on their circumstances.
The adoptive parents can’t leave the state where the baby was born until they comply with ICPC and the ICPC offices in the sending and the receiving state has cleared the adoptive parents to come home. Clearing ICPC requires submitting several documents (in California this packet can be nearly 50 pages), including affidavits made by attorneys from each state that the state laws have been complied with. Submitting an incomplete packet will delay clearance, leaving the adoptive parents in limbo. Work with an experienced attorney to avoid the stress, delay, and cost of complying with ICPC.
The Interstate Compact on the Placement of Children (ICPC) applies in any adoption when a baby is going to cross state lines. How long an adoptive family stays in the state of birth after the birth is entirely dependent on how quickly ICPC clears them to leave the state. Travel and lodging can be a very expensive aspect of an interstate adoption. An experienced adoption attorney should be able to get clearance within 3 to 5 business days after the birth mother has signed her consent paperwork.
I think in PA it is 18 but I will check into it. I'm very open with her and she could see her birth mother now if she wanted to and we could actually locate her. She met her three siblings last year and now keeps in touch with them. My adopted son (now 20 years old) has no interest in meeting with his bio mom or siblings but I've always been open with him and left him know it was an option.
File the adoption petition. Once a child has been identified and the Home Study completed, your attorney will prepare and file the adoption petition with the court. The petition will identify you and your partner, the birth parents, consent to the adoption, and ask the court to grant the adoption. When the petition is filed, the court clerk will set it on the judge's calendar for an initial review.
A child is not an asset like a house that gets willed to whoever you choose. In these situations, a court and/or child services will protect the child's rights and well being, if there are no legal guardians. If the child's mother has died, you are still one of the two legal guardians. If your mother becomes the second, that doesn't mean you stop being a legal guardian. If your mother then dies, you are still a legal guardian. The two slots do not have to be filled, one is enough. If you are stripped from your parental rights, your mother adopts, then dies, then the court will decide. If she wills that you again become a legal guardian, that does not undo the stripping of your rights.
Thank you for all your help. I do have one adopted child and that was private and we used a lawyer. I do know about trying to find the mother and I am in touch with the birth mothers father ( the child's grandfather) He told me she moves around alot and goes from state to state and friends to friends and that she never leaves an address or phone number. Since the father is unknown and the birth mother originally told me he died ( not sure if that's true) what will happen with that? My husband still wants to try and do this without a lawyer. We have all the papers from our local courthouse but just need to know the order in which to do them. I'm not sure we will be required to have a home study, my husband is reading up on the laws in PA a little each evening but this takes time and patience.
One point that Matt mentioned that I found interesting, and certainly gives the service credibility, is that they have lawyers that use their service as well. The lawyer will sell the service to a client for thousands of dollars and then pay RapidAdoption.com to prepare the paperwork for them. There are some that they work with regularly and have an agreement with and some that just purchase the service from their website and give the paperwork to their clients as if they had done it.