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how do i get a baby i've never met back from the prospective adopting family?

Asked Mar 18, 2012, 06:36 AM — 18 Answers
My sister relinquished her rights to her baby six months ago and the baby is with a prospective adoption family. She told us it was a stillborn and we just found out she lied via internet last week. We submitted documents to intervene the termination of parental rights of the unknown father where the judge heard our situation but were denied and told that we have zero rights as family members of the mother since she relinquished hers. We are devastated and very interested in getting that baby back to our family.

She listed unknown father-one night stand on the documents but the father has lived with her for 3 years and they have a two year old together. Worried about having to pay the hospital bills or child support, the father missed the hearing. He has apologized and wants help claiming the baby, getting it back, and possibly handing it over to the capable and willing aunts or grandparents to adopt. What are his chances of being able to get custody when he has never even met the baby? Can they actually adopt the baby without his consent? How can we do this legally? Thank you thank you thank you! Your help is very much appreciated.

Nevada

18 Answers
ScottGem's Avatar
ScottGem Posts: 58,053, Reputation: 28125
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#11

Mar 18, 2012, 11:23 AM


Quote:
Originally Posted by Wondergirl View Post
There is no proof yet as to who the father is. She may have really had a one-night stand and believed he is the father, not her partner.
Good point. If they are not married, then he would not be the presumed father. So yes establishment of paternity would be the first step.

But I still think this is a waste of money.
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Wondergirl's Avatar
Wondergirl Posts: 31,329, Reputation: 24128
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#12

Mar 18, 2012, 11:25 AM


Quote:
Originally Posted by ScottGem View Post
But I still think this is a waste of money.
And it seems like it's an opportunity for a lot of upset and/or heartbreak, especially for the adoptive family.
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Synnen's Avatar
Synnen Posts: 7,882, Reputation: 12354
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#13

Mar 18, 2012, 05:11 PM


I am a birthmother whose family did to me what you are trying to do to your sister---tried to force me to choose to place the child with family once they knew I wasn't going to back down on the adoption.

I was yelled at, made to feel guilty, given the silent treatment, got hate letters, and basically got told what a scum of a piece of human being I was for giving my child to complete strangers. In trying to show me how VERY much my family loved my child, they showed me that they didn't care very much for ME, because they were putting their own feelings above my own.

It took me YEARS (and a lot of counseling) to forgive them.

And the fact of the matter is that while the father of the child can contest the adoption, no judge is going to let him contest it only so that he can give the child to his/her mother's family to raise, in direct contrast to the mother's wishes.

ESPECIALLY since you will be ripping that child away from his/her parents, who love that child very much.

What you want is very selfish, and essentially shows that you care nothing for your sister.
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Alty's Avatar
Alty Posts: 22,609, Reputation: 26620
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#14

Mar 18, 2012, 05:34 PM
I think you have to ask yourself why you're really doing this. Who are you really doing it for?

Are you doing it for your sister, who didn't want the child, which is why she gave the baby up? Are you doing it for the father of the child who also doesn't want the child, but is willing to give the child to your family? Are you doing it for the baby, that's known two people as her parents for the last 6 months, and considers those people to be mom and dad? Or are you doing it only because it's what you want, without considering how it will effect everyone else, especially the baby and her parents (the adopted mom and dad), and your sister?

I don't think you've thought this through. Just because you and your family want something, that doesn't mean it's in the best interest of the child, or everyone else involved.

Respect your sister's wishes, and let it go. Let this baby have a normal life, and not have to go through years and years of court battles, and grow to hate you because you're tearing her family (the adopted parents) apart.
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joypulv's Avatar
joypulv Posts: 11,883, Reputation: 9171
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#15

Mar 18, 2012, 06:19 PM
Synnen, that was eloquent.
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smoothy's Avatar
smoothy Posts: 15,494, Reputation: 10703
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#16

Mar 18, 2012, 06:36 PM
If the adoption isn't final..then no parental rights have been relinquished....Once the adoption is final...then they are and its effectively too late. Because its going to cost a small fortune in legal fees for a small possibility of success at best if it has gone through.

Is the adoption final yet....or not. This means everything.
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J_9's Avatar
J_9 Posts: 37,022, Reputation: 25645
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#17

Mar 18, 2012, 06:42 PM
Quote:
Originally Posted by smoothy View Post
If the adoption isn't final..then no parental rights have been relinquished....Once the adoption is final...then they are and its effectively too late. Because its going to cost a small fortune in legal fees for a small possibility of success at best if it has gone through.

Is the adoption final yet....or not. This means everything.
Actually parental rights are relinquished before the adoption is final. Many times they are relinquished while the mother and baby are still in the hospital. I have had to witness these forms many times.
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smoothy's Avatar
smoothy Posts: 15,494, Reputation: 10703
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#18

Mar 18, 2012, 07:02 PM
Quote:
Originally Posted by J_9 View Post
Actually parental rights are relinquished before the adoption is final. Many times they are relinquished while the mother and baby are still in the hospital. I have had to witness these forms many times.
But during the actual adoption process in the court...right? In that part of the timeline?
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Synnen's Avatar
Synnen Posts: 7,882, Reputation: 12354
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#19

Mar 18, 2012, 08:47 PM
Relinquishing rights has to happen BEFORE adoption happens. In at least some states, there is a wait time for an adoption to happen after the child is living with the prospective adoptive parents. This usually has NOTHING to do with overturning the relinquishment and EVERYTHING to do with making sure that the parents and child are a good fit with each other. I know in WI that timing is 6 months, but I don't know about other states. Once you relinquish, the amount of time you have to change your mind or to overturn the relinquishment is MUCH shorter than the wait time to adopt. If the adoptive parents and child are not a good fit, then the child becomes a ward of the state and placed in foster care--the child is NOT returned to the biological parents.

In this case, I am sure that parental rights HAVE been relinquished. The adoption itself has just not been finalized in a court yet.
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