Private adoption: Can CPS take the baby first?

Cmartin6706 · February 2014

It's been a long while since I posted my intro. I'm now an active member of Third-Party. We are foster parents, but my question is about private infant adoption and CPS.

Background: My wife's cousin's best friend is 5 months pregnant and although it's still early and she's still thinking about it she's pretty sure she wants to have us adopt her baby. She has a 5 year old that is living with her mom due to CPS and a drug situation. She is sleeping on a friend's couch. I know nothing about her RU plan but I can guess it involves drug court.

We weren't looking for a baby to adopt. We aren't using an agency although we have a relationship with an in-state adoption attorney that we used for our son. We could update our homestudy in less than a month if need be.

I read through over a 100 pages of forums and was only able to find one that related to CPS and private adoption (and I don't think it was on here). I assume that the emom can have the baby adopted without CPS getting involved? Does anyone have any experience with this? From my foster parenting experience, I strongly believe that the baby would go into foster care straight from the hospital.

Thanks!

plus12012 · February 2014

CPS does not need to be involved if there is an adoption plan/attorneys already involved. There may need to be an intent to place order signed that the hospital social worker and her birthing staff are aware of just in case the B-Mom and baby test positive for drugs. Laws are different for each State so I'd run that by the attorney that you plan to use just to be sure.

Cmartin6706 · February 2014

UCHIPS? Now that I think about it, I'm not sure if CPS is active still although I know the county is.

mommytoconnor · February 2014

If there is an adoption plan then CPS typically would not be involved. They only become involved if the Birth parents change their minds and wnat to parent. If you think about it, CPS is to protect the child from their living situation, abuse, neglect, etc. If they aren't going to be with them then CPS won't get involved. They will be called thru intake hotline as a report but when social worker says its an adoption that is where is typically ends.

[Deleted User] · February 2014

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hey_its_jenn · February 2014

I have no idea but good luck!

WannaBmomma · February 2014

I just talked to an adoption lawyer yesterday for a relative adoption who sent me to CPS to discuss the voluntary rights and consent to adopt with them. My lawyer said that until there was a child, there wasn't anything he couldn't do until there was a child. Child Services said that once the voluntary rights are signed that CPS would honor the consent to adopt and the child would come home with us. We would have to go to court to finalize but didn't seem too difficult.

annalisel · February 2014

We were presented to several expectant moms who had lost previous children to CPS. The lawyers didn't seem to think CPS would intervene if there was an adoption plan in place.

Actually, I've always wondered the opposite. Could the threat of CPS taking the newborn be coercive as far as making an adoption plan? The lawyers and social workers always frame it as the emoms view it as a positive choice by which they can choose their child's family and maintain some contact, but yeah, I don't know.

Belovedvirgo0209 · February 2014

Here in Virginia we adopted our daughter in the same way it was referred to as a parental placement adoption we were there at the hospital the day she was born and the birth parents signed rights over hours after she was born and she was released from the hospital to our care,cps was no involved however like others have said just check with your county to see.Ours was pretty easy one home study before she was born and i think it was 3 meetings with the local social services with us and the birth parents to ensure this is what all parties wanted and then 3 post birth visits 30 days apart and then the adoption was finalized at 6 months.good luck

daniandbri · February 2014

In my state even if CPS does get involved the mother can decide at any point to have the child adopted (even in a home different than the foster home).

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