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Last minute adoption?

My son was just approached by a family friend about adopting her baby. The child is due at the end of February, and neither party has an adoption attorney or agency. They both would prefer to go through an independent adoption rather than hiring an attorney due to this being dropped in his lap tonight, and he hasn’t had time to go through the process or to save up for an attorney. He just got out if the Navy and started working for L3, and he and his wife cannot have kids of their own. They were unprepared for this sudden proposition, but say they would love to adopt her baby. Can this be done without the agency or attorney intervention? Can it be done in time before she gives birth? If she waits to make her final decision until just before birth or when she’s in labor, could he bring the baby home with him if they haven’t gone through the process, home study, etc., yet?


I really think you need to speak with an adoption attorney. You will need one anyway for the legal aspect. And, he MAY need a home study done as well.  You can find an adoption attorney at At least start there with a conversation. They should do a free consultation. Good luck!

Posted by RGAdopt on Jan 04, 2018 at 3:40am

He’s definitely going to need an attorney at some point, even for an independent adoption. you might need a homestudy too (different state have different requirements), as rgadopt said, and that can take a few months,  so better to start the process ASAP to get things moving. He can bring the baby home with him prior to the adoption but will need to have guardianship transferred to him while waiting for the adoption to be finalized. the adoption attorney would be able to tell you how to do that.

Posted by rn4kidz on Jan 05, 2018 at 1:08am

Not sure what state you are in, but I do know of someone who adopted in a similar situation.  They did not even start their home study until they brought the baby home, but did have to do a home study and have post-placement visits before the adoption could be finalized.  I do not know of any way to do an adoption without an attorney, but the costs would be much less if the attorney is only doing the work with the judge in court.

Just to clear up the terminology;  any adoption between unrelated families and without DCF involvement is a private adoption.  A private adoption can be through an agency or through an attorney, but even agencies use an attorney for the finalization hearing.  I don’t know of any way to do this without an attorney, and, frankly, your son and his wife want to make sure that this is done legally and that everyone’s rights are protected. 

If they are planning to pursue this, then they need to first research the laws in the state where the adoption is going to take place.  They will almost certainly need a homestudy, but it may be possible to bring baby home before the home study is completed.  More importantly, they need to find out if baby’s biological father is in agreement with the adoption.  If bio father does not want the adoption he has every right to raise the child. 

Good luck to you and your family.  I hope that everything works out for all involved.

Posted by jszmom on Jan 05, 2018 at 9:04pm

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