Wednesday, November 19, 2014

We live in Missouri and we are in the process of having our twelve year old non-biological child adopted to a family in California. Their la...

Question

We live in Missouri and we are in the process of having our twelve year old non-biological child adopted to a family in California. Their lawyer has informed our lawyer that we need to sign a form that assumes financial responsibility for the child if down the road the adoption doesn't work out. We have never heard of such a form. We are not interested in guardianship because of the future potential responsibility. Is this a legal requirement or is she just trying to cover her clients best interests?



Answer

There does have to be a "sending agent" because this is an adoption across state lines (otherwise known as an ICPC adoption). It may be a little odd that the California couple's attorney is asking you to be that sending agent, as typically an intermediary is involved to serve in that role (like an adoption agency or an attorney or a social worker). However, it may not be technically incorrect to have you sign as the sending agent and maybe it is more common in California for their ICPC to see biological parents in this role (?). When I do ICPC adoptions, I typically have an attorney listed as the sending agent.

I'd consider asking the California attorney if there is someone else who could serve in that capacity.



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