In my all things adoption group, the prime mission is to keep mothers and their babies together. To discourage them from choosing a rash permanent solution to whatever their temporary problem is that has caused them to consider relinquishing their baby to strangers. The pressure to do so, due to a shortage of newborn infants available for adoption, is huge. Today’s story –
An expectant mother in Illinois has received assistance from some hopeful adoptive parents since end of March. She’s uncomfortable with them, wants to back out and keep her child, but is afraid. They are already threatening her with things like being sued if she backs out.
Now for a reality check – She should absolutely back out. Keep her child. Sued for what? Money? It would be a waste of their time. She could have a judgment against her but then, they would have to file to collect. If she received assistance from them, she may be lower income and therefore, the likelihood they would be able to collect at all isn’t looking promising. Maybe she signed a contract, but so what ? She still doesn’t owe somebody her baby. She cannot be forced to sign over the baby. Stop contact. Breathe. Stress is no good for the baby.
Nothing they can legally do would be worse than mom losing her baby.
I’d say “take me to court then!” Your gut feeling is correct. Keep your baby!
Even if they paid her a lot of money, it qualifies as a gift because otherwise, it would literally be considered bribery and/or extortion to obtain a child. There is no valid contract available to give your baby to someone for money and it would probably be them getting in trouble if they did have one written up and signed. It’s not illegal in any way to decide you want to parent your own child.
They can’t take her to court. They can’t do anything. If they were to try, they would get themselves in bigger trouble because it means they intended to buy a baby. The law prevents adoption agreements before birth. She should cut all contact and ignore them.
To get them to leave her alone, she could in writing, sent by certified mail, send them a letter stating that any further contact will be considered criminal harassment. She can send them a cease and desist outline warning them that any future contact will result in legal action, including a no-contact order. Any assistance they provided is legally a gift. She could also remind them that paying money or goods in exchange for a child is a federally a trafficking charge.
You can’t buy a baby, and that’s what they are trying to do. If they are with an agency, the agency might try to make her think she needs to give them the baby, but that’s also illegal on their part. Gifts are given with no assumption of anything in return, and items given to “birth moms” (hate that they use that before birth – totally grooming) are expressly and legally classified as gifts. Also, just in general, even if she still was considering adoption, this is a major, massive, huge red flag that these are not good people and should not be parents to anyone’s child. Maybe not even their own biological kids. This is really sick behavior and indicative of people with serious issues.
And why is this so important ? Here’s a true story from another woman in this same kind of situation.
I received some money when I was considering that same choice. I backed out and everything seemed okay. The hopeful adoptive mom showed up at the hospital unannounced, after the baby was born. She just walked into my room (I forgot to terminate my release of information, so when I had the baby she was notified and flew in from California.) She had these baby clothes with her that she had embroidered with the name she had chosen for my daughter. I honestly thought she was going to kidnap her. She ran when I pushed the call button. After that the hospital heightened security and no one could find us without a code. It was a scheduled c section, but it wasn’t scheduled until that last month. I wasn’t in contact with them by that time. It was pretty scary, but the hopeful adoptive parents never retaliated nor were they able to sue me or try to take my child. I’m mentioning this story so hopefully nothing like that happens to anyone else. If you change your mind, don’t forget to tell the hospital to terminate releases of information! You don’t owe them your baby.