Q. I thought surrogacy was illegal in Michigan, isn’t it?
A: Surrogacy and gestational carrier cases are not illegal in Michigan. Michigan law does contain restrictions, such as prohibiting payment of a fee to the surrogate/gestational carrier for her services. There is much misinformation available about surrogacy, ARTs in general, and adoption. That’s why it’s so important to work with an expert in these highly complex fields.
Q. What is Open Adoption?
A: “Open Adoption” means the sharing of identifying information and/or contact between the adoptive and biological parents of an adopted child. This can occur before, during and/or after the placement of the child. Nowadays there is a continuum of openness in adoptions, from completely closed (birthparents and adoptive parents never meet and do not share identifying information) to semi-open (parties may meet before the baby is born, and maintain some contact through the years such as letters and pictures which may be exchanged using our office as the go-between) to fully open (involves full disclosure of identifying information between adoptive and birth families; may involve direct meetings in each others' homes or in public places, phone calls, letters, and sometimes contact with extended family). In our firm, the parties to an adoption can decide how open they want their adoption to be, according to their own comfort level.
Q. Are adoptive parents screened so I’ll know my baby will be safe?
A: Prospective adoptive parents go through a comprehensive screening process called a homestudy or preplacement assessment that is performed by a social worker. This involves personal interviews, home visits, a thorough review of financial records, medical reports, references, criminal and protective services record clearances, and sometimes parenting classes. In interstate adoptions, the Interstate Compact on the Placement of Children adds another layer of protection.
A social worker checks on the adoptive family and files reports with the court for a period of time after the child is placed in their home.
Q. Do you handle contested adoptions?
A: Yes.
Q. Am I too old to adopt?
A: There are no age limits to be able to adopt within the United States. Every adoptive parent must have an approved homestudy, meaning you have been found suitable to be a parent. We work with very diverse adoptive parents, and do not discriminate on the basis of age, race, national origin, religion, handicap, or sexual orientation.
Q: What about the birthfather?
Q: What if a birthparent/adoptive
parents/surrogate/intended parent lives in another state?
A: About half of my practice is interstate in nature. When working with other states, we will be working with at least two sets of laws and, in adoptions, with the Interstate Compact on the Placement of Children. If necessary, I will arrange for out-of-state counsel to become involved. As a member of the American Academy of Adoption Attorneys, I am fortunate to have a network of highly skilled colleagues throughout the country.
Q: How long will the process take?
A: For adoptions, we have found that adoptive parents who actively seek birthparents generally have a child in their home within about 12-18 months. Under Michigan law, most adoptions will be finalized six months after your child is placed in your home.
In ARTs cases we cannot predict how long it will take to establish a pregnancy, but once the baby is born, the legal process is completed immediately if an adoption is not necessary, and within a few months if an adoption is necessary.