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shamco3 · Feb 12, 2012, 07:59 AM

My 19 yr old son impregnated his 17 yr old girlfriend and she wants to give the baby up for adoption, does my son have any rights to say no? We live in Minnesota

cdad · Feb 12, 2012, 08:32 AM

Is she wanting to work with someone for an adoption or is she simply going to give up the baby?

If she is working with an agency or with a private party then he will need to be involved. If she is simply willing to give the child up as per the law then he will have no say in it.

What is she trying to imply in this situation?

AK lawyer · Feb 12, 2012, 08:39 AM

Originally Posted by califdadof3

... If she is simply willing to give the child up as per the law then he will have no say in it.
...

Wait a minute. Are you saying there is some procedure to "give up" a baby in Minnesota which is different than adoption laws the rest of the country?

This suggests to me that there isn't. As I'm reading it, both parents would have to "give up" the baby for what you are talking about to apply.

cdad · Feb 12, 2012, 08:42 AM

Originally Posted by AK lawyer

Wait a minute. Are you saying there is some procedure to "give up" a baby in Minnesota which is different than adoption laws the rest of the country?

Yes and most states have it. But its something that I rarely mention on the boards.

shamco3 · Feb 12, 2012, 09:27 AM

She wants an open adoption so they can choose who gets the baby. He wants her but she doesn't want him to have her. They have been told that in Minnesota since he is 19 and she is a minor that her and her parents have all legal rights and he has none. So she can put the baby up for adoption if she wants and he can't stop her or get the baby.

ScottGem · Feb 12, 2012, 09:37 AM

Originally Posted by shamco3

They have been told that in minnesota since he is 19 and she is a minor that her and her parents have all legal rights and he has none.

Who told them that? If you read the law that AK linked to, both parents are required to consent. In addition, because the girl is a minor, her parents need to consent. But I don't see any reason your son wouldn't have to consent.

But he really needs to consult an attorney to make sure his rights are protected.

AK lawyer · Feb 12, 2012, 10:31 AM

Originally Posted by ScottGem

Who told them that? If you read the law that AK linked to, both parents are required to consent. In addition, because the girl is a minor, her parents need to consent. But I don't see any reason your son wouldn't have to consent.

But he really needs to consult an attorney to make sure his rights are protected.

I don't see any reason that he would have to consent.

ScottGem · Feb 12, 2012, 10:41 AM

The link you provided says:

"No child shall be adopted without the consent of the child's parents " Note the plural. The only thing that would shut him out is this:

"(a) Consent shall not be required of a parent not entitled to notice of the proceedings." But it never defines why a parent would not be entitled to notice.

AK lawyer · Feb 12, 2012, 11:05 AM

Originally Posted by ScottGem

... But it never defines why a parent would not be entitled to notice.

https://www.revisor.mn.gov/statutes/?id=259.49

This identifies those persons who are entitled to notice:

"
259.49 NOTICE, HEARING ON PETITION.

Subdivision 1.To whom given.

Except as provided in subdivision 3, and subject to section 259.52, notice of the hearing upon a petition to adopt a child must be given to:

...
(b) the parent of a child if:
...
(6) the person has filed a paternity action within 30 days after the child's birth and the action is still pending;
...

(8) the person:

(i) is not entitled to notice under clauses (1) to (7);

(ii) has registered with the fathers' adoption registry;

Subd. 2.Service.

Such notice shall be served, within or without the state, at least 14 days before the date of the hearing, in the manner provided by law for the service of a summons in a civil action. If personal service cannot be made, the court may order service by publication. The petitioner or petitioner's attorneys shall make an affidavit setting forth the effort that was made to locate the parents, and the names and addresses of the known kin of the child. If satisfied that the parents cannot be served personally, the court shall order three weeks published notice to be given, the last publication to be at least ten days before the time set for the hearing. Where service is made by publication the court may cause such further notice to be given as it deems just. If, in the course of the proceedings, the court shall consider that the interests of justice will be promoted it may continue the proceeding and require that such notice as it deems proper shall be served on any person. In the course of proceedings the court may enter reasonable orders for the protection of the child if the court determines that the best interests of the child require such an order."

To be absolutely certain a petition isn't filed without notice given to him, the father should register with the adoption registry (a/k/a putative father registry).

ScottGem · Feb 12, 2012, 11:33 AM

OK, So he needs to file with the registry. But if he does, then he will need to approve the adoption,

Synnen · Feb 12, 2012, 01:13 PM

BOTH parents are required to give permission in MN.

The girl cannot choose adoption without the child's father.

In addition, HER parents have no say in the matter. Nor does the OP, for that matter. Minors are emancipated when it comes to making legal decisions regarding their own children.

The OP's son CAN stop this adoption from happening.