My brothers ex-girlfriend just had his baby. She wants to give the baby up for adoption but is afraid to due to fear that the father will come back and try to get custody of the baby once he's out of jail, which will be in 4-5 years. She didn't put his name on the birth certificate. I want to adopy him & so do my parents. My parents think my brother has a right to be a part of this baby's life even though he's been in and out of jail for the last 10 years on drug related charges. I want to raise him as my own with a normal life growing up with a Mom & Dad not grandparents who take him to a prison to see his father every weekend. I guess my question is even though he's in prison can he get this baby when he gets out?

Well part of the issue is that you can not legally adopt the baby without the fathers permission, so he will have to be notified and asked to sign his rights away to allow the baby to be adopted.

If you do not get his permission he can come back.

The other most states allow a mother to take away a fathers rights if he is in prison long term So she will have to prove he is the father by DNA tests and then file a motion to take away his rights.

Once that is done she could allow the baby to be adopted.

Anything less than that will give him a right to challenge the adoption in latter years.