Legal Question in Family Law in Missouri

Good Afternoon,

My wife and I adopted a little girl seven years ago when we resided in California. We later discovered that our daughter has an attachment disorder combined with some serious behavioral problems. Long story short, we know a family in California who raised our adoptive daughter's biological sister. They are very interested in adopting our daughter and giving her a fresh start in a home with no other younger children. Anyway, we are in the process of undergoing this re-adoption and their attorney is asking us to sign a form to be the "sending party". We did a little research on this and we discovered that there may a potential future financial responsibilities should that adoption not work out over time.

Please help us to understand to following:

1. What are the risks of being the "sending party" and are these risks temporary or permanent?

2. Would the adopting party be able to simply return the child if (over time) she became to much to handle. If that did occur would we as the "sending party" be responsible for her?

3. In what situation can we be held financially responsible as the "sending party".

4. Do we (the parents) have to be the sending party? My research indicated that the sending party is typically a caseworker, agency, or attorney?

Thank you very much for helping us through this difficult time!


Asked on 8/17/11, 7:01 pm

1 Answer from Attorneys

Anthony Smith LawSmith

A thorough and adequate response to your inquiry is so fact-dependent that it does not lend itself to this free forum. You could face potential criminal, civil, and other financial exposure as the sending party. Not to mention that the type of private adoption you propose may not be legal in Missouri or California. You should consult directly with an adoption attorney in your area and one licensed to practice in California. Some may offer a free or low cost initial consultation. Take all the documents that the other couple's attorney sent to you, as well as your adoption paperwork from seven years ago. Also, make yourselves available for follow-up quesitons from the attornies you consult with.

Good luck

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Answered on 8/19/11, 12:52 pm


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