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-   -   Surrogate(?)Mother... (https://www.askmehelpdesk.com/showthread.php?t=646106)

  • Mar 26, 2012, 12:31 AM
    mommyndaddy2b
    Surrogate(?)Mother...
    My husband and I live in New York and we have a friend in Alaska that is going to have a baby and she wants to give the baby to us.
    Once the baby is born she is going to travel to New York to bring the baby to us or either come before the baby is born and have the baby here :)
    What is the process of us adopting the baby? Is it just a matter of her and her husband signing over parental rights to us or how does that work and what would be the cost(ballpark figure) of doing so?
    Thank you!
    Mommy and Daddy 2 B :)
  • Mar 26, 2012, 03:29 AM
    ScottGem
    Adoption is a legal process and has to be approved by a court. The court will require that a home study is done, that the parents be interviewed to assure that they agree to the adoption etc. With a case like yours and attorney to prepare the paperwork so that everything is done properly and legally is essential.

    So your costs will include the attorneys fees (probably in the $3-$5K range), court filing fees (minimal) and the costs to prepare for the child.

    I would strongly recommend that the mother come to NY and have the baby or that you go to Alaska and be there at the birth. Any amount of time the mother spends with the child increases the chance she will bond and change her mind. From a legal standpoint it would be better that she come to NY as you want to go through NY courts for the adoption.

    I would start looking for an attorney today.
  • Mar 26, 2012, 12:34 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ... From a legal standpoint it would be better that she come to NY as you want to go through NY courts for the adoption.

    I would start looking for an attorney today.

    I am not sure that I agree. As an Alaskan attorney, I do know that a homestudy would be required there (as no doubt it would be required in New York), but the court proceedings are typically less complex than in other states. So, if you are going up there at the time of the birth anyway, that might be the way to go. Also, arranging a hearing shortly after the birth might be easier. You would want to find out how much lead time you would have for a hearing, in either jurisdiction, so that you can plan on being there for the hearing.
  • Mar 26, 2012, 01:03 PM
    ScottGem
    AK, has valid points. I was making my recommendation based on you not wanting to travel to Alaska multiple times. I'm also not sure whether Alaska would do a home study in NY.

    What I definitely do not recommend is NOT being there to claim the child as soon as its born. So if you do go through Alaskan courts, then be prepared to spend time there so you are there at the birth. This may increase your costs greatly.
  • Mar 26, 2012, 02:27 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ... I'm also not sure whether Alaska would do a home study in NY. ...

    The applicants (OP and spouse) would be required to arrange and pay for a homestudy through a qualified professional in New York.
  • Mar 26, 2012, 03:26 PM
    Synnen
    Is this a true surrogacy, with a surrogacy contract?

    If not, what you are looking at is a straight up adoption, and the parents can change their minds at ANY TIME until they relinquish their rights.

    You should have an attorney for ANY adoption proceedings. You may also need to pay for the attorney for the birthparents and the guardian ad litem for the infant.

    Have you discussed with the birth parents what costs for the birth, adoption, and counseling after the adoption that you will cover?
  • Mar 26, 2012, 04:39 PM
    AK lawyer
    Quote:

    Originally Posted by Synnen View Post
    Is this a true surrogacy, with a surrogacy contract? ...

    And is her husband the biological father, as far as you know?

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