Answers About Adoption

Maria's blood transfusion brought up questions about who makes medical decisions about Maria. I spent a while discussing this topic with the hospital social worker, and the adoption agency over the last few days, so hopefully this explanation will make sense. Here goes...

72 hours after giving birth, the birth mom signs a Consent Form, which transfers responsibility for the baby from herself to the agency and whomever the agency assigns as the adoptive family. 30 days after the birth mom signs the Consent Form, the consent becomes irrevocable. Some of you may hear us talking about "the 30 days", this is basically the legal window in which the birth mom has to change her mind about giving up the baby.

Now, one clause in the Consent Form states that the agency (and whomever they designate as adoptive family), takes over all the responsibilities of the baby when the baby is discharged from the initial hospitalization. I am to understand that under normal circumstances, if Maria were a term baby, she would be discharged around the same time as the Consent Form is signed, and therefore, we would jump right into making her medical decisions. But since she has not been discharged from the hospital yet, the birth mom still makes decisions about her care, despite the fact that the Consent Form has been signed.

The key to transferring the medical decisions from birth mom to adoptive agency and family, seems to be the initial discharge from the hospital. Continuing along this vein, when "the 30 days" expire, if Maria is still in the hospital, the birth mom would still make decisions until the legal finalization happens (which takes several weeks after the Consent Form expires).

Now, when Maria is discharged (within or outside of "the 30 days"), we take over her care, and any subsequent visits to the hospital or doctor will be under our care and decision making.

I hope that makes sense...there seems to be some legal loopholes, but we can't fight those, and I apologize if I've botched some legal nuances and terminology (perhaps Travis could help me articulate this more succinctly!).

Bottom Line: We will not have responsibility for her medical decisions until she is either discharged from the hospital, or the birth parents rights have been legally terminated, whichever comes first.

I will not even get into insurance issues...all we need to say is that the issue has been resolved, and there's a plan in place. I just it is executed smoothly....I'm not too worried.

By the way, Dr. Gilmour did tell me that Maria's blood transfusion would have happened regardless of consent. Maria's condition at the time of the transfusion was considered "critical" and the doctors have the right to give whatever medical care is necessary in those situations.