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Old 06-14-2008, 04:24 PM   #1
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Nursing in a foster-adopt situation

So since I haven't really investigated this yet but kind of assume the answer will be "No," I thought I'd ask here in case I'm wrong.

In any state is it okay to nurse a foster child? What about after the mother's rights have been terminated but before the child is formally adopted?

Feel free to give any information you have. I am truly curious about this.

Thanks!

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Old 06-14-2008, 04:27 PM   #2
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Re: Nursing in a foster-adopt situation

Not sure. I know that I knew a mom who adopted a baby and had used drugs/herbs to induce lactation and then caught the baby and nursing him after birth. So incredible!
I think it's an awesome idea!
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Old 06-15-2008, 01:28 PM   #3
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Re: Nursing in a foster-adopt situation

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Originally Posted by Riverdavidsmama View Post
Not sure. I know that I knew a mom who adopted a baby and had used drugs/herbs to induce lactation and then caught the baby and nursing him after birth. So incredible!
I think it's an awesome idea!
I've heard of that before too. I'm just wondering what the laws are about foster mothers doing this.
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Old 06-15-2008, 03:40 PM   #4
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Re: Nursing in a foster-adopt situation

I dont think its possible. The bmom's in foster situations still have rights. Like we couldnt even have our foster kids hair cut without asking the bparents first. I doubt they would allow nursing.
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Old 06-15-2008, 05:49 PM   #5
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Re: Nursing in a foster-adopt situation

I would if it is okay with the bparents. Also, just call the health department, or something like that. I am sure they can direct you regarding what the laws are. Such a great idea for foster mamas that BF!
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Old 06-15-2008, 05:53 PM   #6
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Re: Nursing in a foster-adopt situation

I've read on the internet that it was legal in 2 states.. I think in CA it's legal and it might be legal in either WA or OR... I've read up about it before and that's what I came up with. It's scary though, because that's how AIDS can be transmitted... I know the Biological parents have rights, but I think this is something that might be able to slip through... not 100% but I read it somewhere online.. check it out online!

Now, if the biological mother wanted the child to have HER breastmilk, you would have to take it and feed it to the child. Remember too... that once rights are terminated the child is usually at least 1 year old most of the time... so to make a 1 year old breastfeed when they've never done it before... might be a bit tricky...

Good luck with your search!
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Old 06-15-2008, 06:03 PM   #7
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Re: Nursing in a foster-adopt situation

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Originally Posted by Riverdavidsmama View Post
Not sure. I know that I knew a mom who adopted a baby and had used drugs/herbs to induce lactation and then caught the baby and nursing him after birth. So incredible!
I think it's an awesome idea!
When adopting children, there are different guidelines than when doing foster care. The child belongs to the adoptive parent, which is not the case regarding foster care.
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Old 06-15-2008, 08:57 PM   #8
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Re: Nursing in a foster-adopt situation

Actually, the child does not belong to the adoptive parents until the adoption is finalized, which normally takes at least 6 months after placement if the child is placed after parental rights are terminated.

That said, legally, the pre-adoptive parents are given permission to make legal and medical decisions for the child within reason. In our case, we can consent for anything which does not require IV sedation or surgerical intervention. We can make educational decisions provided they don't conflict with the desires of our ds's case worker. We can negotiate his IEP but we can't homeschool him, for instance.

I think in a pre-adoptive placement you could probaby breastfeed, but I'm not sure you could if the child's caseworker wasn't in agreement. In a strictly foster placement, I dont think you could unless the birthmother consented. And, tbh, I doubt most birthmothers would consent.
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Old 06-15-2008, 09:01 PM   #9
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Re: Nursing in a foster-adopt situation

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Originally Posted by TestifyToLove View Post
I think in a pre-adoptive placement you could probaby breastfeed, but I'm not sure you could if the child's caseworker wasn't in agreement. In a strictly foster placement, I dont think you could unless the birthmother consented. And, tbh, I doubt most birthmothers would consent.
That's kind of what I assumed. We are almost definitely going through the state unless we can make a private adoption work financially (at this point, that doesn't seem possible). I may start another thread on that...

Thanks!
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Old 06-16-2008, 09:48 AM   #10
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Re: Nursing in a foster-adopt situation

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Originally Posted by TestifyToLove View Post
Actually, the child does not belong to the adoptive parents until the adoption is finalized, which normally takes at least 6 months after placement if the child is placed after parental rights are terminated.

That said, legally, the pre-adoptive parents are given permission to make legal and medical decisions for the child within reason. In our case, we can consent for anything which does not require IV sedation or surgerical intervention. We can make educational decisions provided they don't conflict with the desires of our ds's case worker. We can negotiate his IEP but we can't homeschool him, for instance.

I think in a pre-adoptive placement you could probaby breastfeed, but I'm not sure you could if the child's caseworker wasn't in agreement. In a strictly foster placement, I dont think you could unless the birthmother consented. And, tbh, I doubt most birthmothers would consent.

Thats what I ment
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