Legal Question in Family Law in Maryland

Adoption and the ICPC question

We are looking at a private domestic adoption where I live in Maryland and the possible birthmom lives in another state. We know that we CAN finalize in that state and would prefer to do so. If we do, we understand that it would be best for us to retain counsel in that state. The question is. Do we STILL need an additional lawyer in Maryland? We are told we may since the ICPC process may require that? Is that true?

Also, if we do finalize in that state does it make the most sense to have a lawyer there or just have 1 in Maryland?

Thanks

Mandy


Asked on 3/09/04, 5:07 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Adoption and the ICPC question

The ICPC is essentially an agreement between the states that focuses on child welfare. It provides for both foster care and adoption.

Of equally importance is the type of arrangement that involves the welfare of the child. The focus is on child placing agencies with an emphasis on actions of the sending party, not the receiving state. This being said you are investing a considerable amount of emotion.

The ICPC provides that a child cannot be taken across state lines for purposes of adoption unless ICPC approval is obtained. Adoptive parents can expect to remain in the other state with the newborn child for 14 days or more after the birth while the adoptive parents' attorney attempts to obtain ICPC approval. The ICPC process and the extra attorney services are not required if the birth occurs in the state where the adoptive parents reside.

Although not required by local law or the courts, the better practice is for adoptive parents to undergo a pre-placement home study voluntarily since benefits are gained by the practice. For example, if the child is born in another state, the adoptive parents must present a home study to the officials of the ICPC before the child can cross state lines.

If you should need the assistance of a Maryland attorney contact me at (410) 799-9002.

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Answered on 3/09/04, 7:19 pm


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