Time limit on birth mother expenses...unusual length

rdrirvine

Hello all,

 

First post, and this one is pretty much going to affect our match process.

 

We're being asked to sign a contract that says we will pay birth mother expenses until the adoption is finalized.  Is this a major red flag?

We understand in Ca, there are limits set: 3 months prenatal and up to 3 months postnatal if it's a c-section birth (which this case happens to be).  I feel we're being led to open ourselves up for a potential world of financial hurt....

 

Thoughts of all kind are appreciated.  Thanks! 

Dr.Loretta

I guess it would depend if other agencies/firms have those as typical fee schedules.

IRR

Not sure about CA laws, so not sure how long it takes to finalize.  If it only takes 3 months to be finalized then this seems like a non-issue.  If it can take up to 1 year, then yes I can see why you are concerned.  Many states spell out the limits on how long you can pay BM expenses.  But again CA may be different.  Are you using an attorney or an agency?  I would check with them to see what is permitted.  I know our lawyer advised us NOT to consider CA as a state to adopt from based on their laws, just not sure what they are.  GL

silliestbunny

I would be very wary of such a clause.  FYI-  it took us 10 months for each of our two adoptions to finalize.  Local friends experiences ranged from 7-12 months.... I think three months is unrealistic... possible depending on area and case loads but I would be wary.

silliestbunny

Are you in Irvine??  Who are you using??  If you want to chat more, PM me your address.  I am somewhat familiar with most SoCal agencies and lawyers. 

bhead81

I would be leary, we are at 6 months and do not have a finalization date yet.  Heck, our state SW barely is getting around to working our case and that is only after our lawyer and I started calling her daily until she called us back. 

hway24

I would definitly find out more details. If there is a limit to how long postnatal expenses are expected to be paid, like is it 3 months or until finalization, which ever comes first? Or is there a cap on it? If not, I would be leery of it. We just received our court date, and it's not uintil Sep, at which point DS will be 10.5 months old. I think it takes most people longer than 3 months to finalize.

kgs0505

https://www.theadoptionguide.com/files/StateAdoptionLaws.pdf

This guide shows all the laws by tate including birthmom expenses.  I would verify that they contract is within the law.  If it's not, I wouldn't sign.  So many things can delay finalization.   It took us 10 months.

IRR

kgs0505:

https://www.theadoptionguide.com/files/StateAdoptionLaws.pdf

This guide shows all the laws by tate including birthmom expenses.  I would verify that they contract is within the law.  If it's not, I wouldn't sign.  So many things can delay finalization.   It took us 10 months.

Please note the attached is from 2004.  Laws may have changed since then in the various states.  I would check with an attorney for more updated information.

rdrirvine

Hi all.  Thanks for the advice.  It really is a great  thing to have this resource, isn't it.

 We contacted a lawyer and straightened things out.  Basically, we moved forward knowing that we were protected. We meet our birthmother very soon.

 

Thanks again and we'll keep the board posted