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    maryjanet's Avatar
    maryjanet Posts: 4, Reputation: 1
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    #1

    Nov 3, 2011, 01:16 PM
    How can I adopt my 3 younger siblings that are in foster care at the moment?
    My 3 younger siblings are in foster care and I am wanting to find out if I can adopt them if I move out of my parents house and have my own place so I have a better chance.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 3, 2011, 03:16 PM
    How old are you? ANY question on law needs to include your general locale as laws vary by area. Why are they in foster care?
    maryjanet's Avatar
    maryjanet Posts: 4, Reputation: 1
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    #3

    Nov 4, 2011, 08:49 AM
    I am 22 in a about 6 weeks. They are in foster care because the court said that they were not looked after right.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Nov 4, 2011, 09:01 AM
    You would start by being allowed to provide foster care for them. But to do that, you will have to show the authorities that you are responsible enough.

    If you and your siblings were all living together with your parents before this happened, it's going to be difficult for you to explain how they weren't being "looked after right" then, but yet you would be able to take care of them appropriately now. After all, you were an adult then, and should have taken care of them before.
    maryjanet's Avatar
    maryjanet Posts: 4, Reputation: 1
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    #5

    Nov 4, 2011, 09:10 AM
    I am there older sister and yes we wer all living together till they got took into care.
    Have I got a good chance to apply for adopting them?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #6

    Nov 4, 2011, 09:40 AM
    You cannot adopt them while you are living in the home that they were removed from. You cannot even foster then until a study is done and the agency that currently has custody of the children determines that you have a safe and stable home and can support them adequately. Again, as AK_ Lawyer mentioned, how will you explain that the children were not adequately cared for in a home you were living in as an adult? You were not legally responsible for their care, but if you lived there, it will be assumed that you saw what was going on and did nothing. What caused the removal of the children from the home? Did you even contact child services?

    I would say that your chance of adopting three children at 22, when you still live with your parents is slim to none (and slim has left the building). When you are out of your parents home, have stable employment that will support four people, and have a good answer as to why you didn't intervene in the situation that caused the removal of the children, your chances may improve.
    maryjanet's Avatar
    maryjanet Posts: 4, Reputation: 1
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    #7

    Nov 4, 2011, 10:43 AM
    All I amwanting to know really is,
    If I get aplace of my own would I have a better chance to go in to adopt them or not?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #8

    Nov 4, 2011, 12:36 PM
    I answered you in the last paragraph.
    I would say that your chance of adopting three children at 22, when you still live with your parents is slim to none (and slim has left the building). When you are out of your parents home, have stable employment that will support four people, and have a good answer as to why you didn't intervene in the situation that caused the removal of the children, your chances may improve.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Nov 4, 2011, 01:11 PM
    Quote Originally Posted by maryjanet View Post
    all i amwanting to know really is,
    if i get aplace of my own would i have a better chance to go in to adopt them or not?

    Let's see - the children were neglected or abused in your parents' home, where you now live. Do I think you will be able to adopt them and move them back into that home? The answer is no.

    Do I think you will have a better chance if you have a "place" of your own? Yes.

    Do I think you can overcome the fact that they were neglected or abused in a home where you lived with them? No, not unless you are the one who reported the neglect/abuse.

    And, as has been said, you will need to prove you can financially care for them BY YOURSELF.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #10

    Nov 4, 2011, 01:49 PM
    Quote Originally Posted by maryjanet View Post
    all i amwanting to know really is,
    if i get aplace of my own would i have a better chance to go in to adopt them or not?
    The answer is no. You are not allowed by law to adopt a sibling. You can fight for guardianship but adoption is out of the question.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Nov 4, 2011, 02:11 PM
    Quote Originally Posted by califdadof3 View Post
    The answer is no. You are not allowed by law to adopt a sibling. You can fight for gaurdianship but adoption is out of the question.

    You can in NY - do "we" know where OP is?

    Of course, she still can't adopt under these circumstances, even in NY.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #12

    Nov 4, 2011, 02:30 PM
    Quote Originally Posted by JudyKayTee View Post
    You can in NY - do "we" know where OP is?

    Of course, she still can't adopt under these circumstances, even in NY.
    So in NY a sibling can replace a parent as far as adoption goes? In most states it can't be done as the rights granted by adoption are those of the parent which include being able to inhierit. That is the basis for not allowing it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Nov 4, 2011, 02:53 PM
    Don't know the details but one of my best friends adopted her (much younger) full blood sister, not a stepsister. It was an adoption because I was in the Courtroom.

    Understand what you are saying - off to check the Law.

    Stand by... or not!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #14

    Nov 4, 2011, 02:56 PM
    Quote Originally Posted by JudyKayTee View Post
    Don't know the details but one of my best friends adopted her (much younger) full blood sister, not a stepsister. It was an adoption because I was in the Courtroom.

    Understand what you are saying - off to check the Law.

    Stand by ... or not!
    Good Luck. I was doing a quick search and from what I have read there is nothing barring it. But it does seem odd. Sort of messing with the family tree.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #15

    Nov 4, 2011, 03:40 PM
    Quote Originally Posted by califdadof3 View Post
    So in NY a sibling can replace a parent as far as adoption goes? In most states it can't be done as the rights granted by adoption are those of the parent which include being able to inhierit. That is the basis for not allowing it.
    We are getting entirely hypothetical here, but:

    The rights given up by the person adopted (always, as far as I know) include the right to inherit from that person's parents. That's the way adoption works. So the fact that the adoptee is the bio-child of the former parent would be immaterial. It's not a rational justification for disallowing adoption by a sibling.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Nov 5, 2011, 05:44 AM
    I can't find anything in NY stating that sibling adoption is not allowed. Agree that once adopted children have no claim on estate of birth parents.

    Concerning original question - children are in foster care. I see no indication they are even eligible for adoption.

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