Adoption

state line/hospital question...

My husband and I were wondering about something this evening...

Our agency is licensed in a few states, and if we match with an expectant mom who lives in a state where they aren't licensed, we would have to bring in a second agency that is licensed in that state to take relinquishments when the baby is born.

So, we were discussing the following hypothetical situation...  our agency is licensed in North Carolina... so, what would happen if we matched with an expectant mom who lives in South Carolina but lives close to the state line and has the baby in a hospital in North Carolina?  Do you think our agency could take relinquishments since the baby was born in a state where they are licensed?  Or would we follow South Carolina adoption laws since that is where the mom lives?  What do you think? 

Re: state line/hospital question...

  • I believe in NC it goes by where the baby is born because that would be the baby's state of residence. Though I could be completely wrong.
  • I don't know for sure about NC, but in VA, if the child is born there, it falls under their authority, no matter where the mother lives. 
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  • In some states there is a requirement that the mom live there for x-amount of time before Medicaid will cover their birth.  So in that situation, I don't know if SC state medicaid program would cover the birth in NC.  In my state, the birthmother has to establish residency before medicaid will cover her expenses, so if that is true in NC (in your example) then you might end up paying for the birth and baby's hospital expenses out of pocket.  That might end up being more than paying for another agency.

    I also think that some states go off of the birthmother's residency vs. wherever the baby is born. 

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