Adoption fraud? Illegal? ?

Jennifer L

Agreed. There would be a burden of proof to prove intent.

A mother can, legally and freely, change her mind up until the revocation period has elapsed. So, there is a very fine line between proving that her intention was to defraud the PAPs or whether she simply exercised her legal and moral right to change her mind.

Examples would be accepting money from more than one PAP couple. Not being pregnant at all, etc. It would have to be pretty blatent, I'm sure.

I don't agree with funding expenses for women considering adoption at all, both because of the pressure placed on the mother and the potiential for fraud for the adoptive parents. I do believe this should be illegal.

But the logic that because coersion happened in other adoption cases, therefore it's karmic justice if PAPs (not even the ones involved in the earlier incidents) get frauded is laughable. I had my car broken into, so does that make it okay if I break into someone else's car?

gypsywinter

""Is a "birth mother" engaging in illegal activity by promising a child to a couple without the intention of going through with the process?""

And how does one prove that? And the mother is still the mother of her child (legally) until she signs surrender papers. Before surrender she is not a 'birthmother'...she is a Mother.The Mother also has the right to change her mind once her child is born, afterall it is her baby.

""I know if she was to receive money it would be illegal, but is it still illegal if there is no money involved?""

It is not only 'illegal' for an expectant mother to receive $$$$$ beyond the o

Shannon

A judge has ruled in the United States that surrogate mother who may change her mind one month after being impregnated does not have to give the baby to the couple who hired her nor does she have any financial repercussions. So I highly doubt that a woman who chooses to parent her own child or is on the fence about it the entire pregnancy would be liable for anything regarding potential adoptive parents. Potential adoptive parents should not pay a cent to a mother and should not be involved in the pregnancy or birthing process at all because there is always a chance that a mother will decide to parent. (even in surrogacy)

Potential adoptive parents are taking the emotional risk by getting involved before the baby is born.

Kazi

A baby belongs to the natural mother until the revocation period has passed and parents rights have been terminated. As for money, expectant parents are under no obligation to relinquish their child simply because prospective parents have paid the legally allowed living expenses.

The only way that fraud would hold up is if the supposed mother was never pregnant or if she were pregnant, but had "promised" the baby to several prospective parents (unbeknownst to them) all with the intention of bilking them out of money.

It comes down to intent.

bash

You would have to prove intent....highly difficult to do without documentation/evidence of some sort. Women change their minds and, new mothers are likely to do so once the see and hold their child. Unless you can prove it, no. While you aren't allowed to give money, most agencies and private adoptions have the potential adoptive parents provide for the mother's pregnancy and labor expenses. These are not refundable if the mother changes her mind.

sam22254

If the birth mother changes her mind how can that be illegal. If you gave her money then your doing it illegal to and can be brought up on charges of trying to buy a baby. She might have thought that is what she wanted to do and then found she couldn't go through with it. I feel for couples who has to go through this but i feel more sorry for the birth mothers that are forced to give their child up for having to settle with the adoption couple. If the child is not giving freely then back off the child was never meant to be with them

monkeykitty83

An expectant mother has every legal right to keep and parent her child. Period.

Technically, if it could be proven she was acting in bad faith for the sake of getting money, it would be fraud, but proving that would be almost impossible, since other people can't know her own internal motives. Unless she openly admitted she was trying to scam people, it's not really possible to pursue legally.

Good faith would generally be assumed, and even if the prospective adoptive parents gave money, that money would be considered a gift, and they would have no legal right to repayment. Infants can't be sold under law, and a woman can't be obligated to place her child for adoption in exchange for money or assistance. Anything prospective adoptive parents give to an expectant mother, they do at their own legal and financial risk.

Scammers are few and far between. More common is the mother who genuinely changed her mind about adoption and chose to parent... and she has every legal AND moral right to keep her own child with her.

hamrrfan

It may also be illegal, if there is the giving of things value other than money. You need to check the laws in your area.

Also if there is no legal adoption, the "adopting" parents risk losing the child if the birth mother changes her mind.

Atlanta

What kind of insane-o would promise a child to strangers without the intention of ponying up?

Heather B

No. Her baby is her baby and she has every right to parent her child, even if she considered adoption during the pregnancy.

sizesmith

There are many women who try and scam people (I've had people try-but I won't do anything illegal in an adoption situation), and they do it not only for money, but some are sick, and there's not even a baby.

The emotional scammers are the worst.

A woman who changes her mind is definately entitled to, and if any of her expenses have been paid, then the adoptive parents are out of luck. Our son's first mom was going to place a second baby with us, and 3 days after the baby was born, she changed her mind. One has to be very strong emotionally to go through that, as I grieve for "C" every day, as if I gave birth to her and lost her. At the same time, I know that their mom grieves every day for her mistakes in getting pregnant, and subsequent ones made, and for feeling the need to place a child for adoption.

Emotional fraud should be illegal, but I haven't been able to find any laws to support that. You said a key word, with the intention of not going through with the adoption, but leading up to it. There's possibiliies, but it'd be VERY hard to prove. My advice, move on, and let God deal with her, and pray for the baby to be raised happy, no matter where it's raised.

Helena B

id b willin 2 bet allmost all adoptions r illegal.

cantstopLinnyG

No, because so many times, a first mom can be under extreme duress/coercion when trying to decide what is best for her baby and her.
http://www.exiledmothers.com/adoption_facts/adoption_coercion.html

Many times, baby brokers and or pap's will provide "counseling" for the mother, and it is one sided, and extremely biased.

It is never a good idea to get involved with pap's when trying to decide, because they cannot be unbiased, as they want her child.

It's only final once the child is born, and the baby is adopted, and only if the father's rights were terminated as well.

http://www.motherhelp.info/index.htm
http://www.babyscoopera.com
http://www.keepyourbaby.com/
http://www.keepyourbaby.com/the_primal_w...
http://www.cubirthparents.org/edd/index....

SammyBam

no the mother has up to 3 months after the child is born to decide weather she truely want to give up her child

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