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Michelle Miller · Dec 29, 2007, 10:23 AM

Originally Posted by Angela_williams

My son is 17 years old. His girlfriend is 15. her parents want her to give the baby up for adoption when it is born. We want to raise the baby. Can anyone tell us what our his legal rights are? Her parents will not return our phone calls and she is 4 months pregnant and they havent taken her to a doctor yet. Please we need to know our rights. We live in Texas If anyone knows the laws please help. Thanks Angela

She can't give the baby up for adoption your son doesn't want her too. You need to get a lawyer and let them know that you want to keep the baby. It would be good if you could find out if she has a lawyer or if she is going through an agency. You really need to know when she goes into labor. If she signs over her parental rights. As long as you haven't signed anything you should be able to go to the hospital and say you don't want to put the baby up for adoption and that you would like to have custody. I would think that you should be able to take the baby home. I don't know there is a lot of legal stuff to it. You really need to have an adoption lawyer to make sure everything is done right. If you don't do everything right he could lose the child forever. I know that he can get the child but, you need an expert to make sure you do everything right by the law.

Michelle

N0help4u · Dec 29, 2007, 10:52 AM

You are right they can claim she has no idea who the father is then it can be easier to over look the father having to sign away the baby. So that is an important reason why you need to get a lawyer asap. I agree with Michelle you need to do everything right and asap, before they get a chance to convince the adoption agency there is no father to come forward.
Fortunate for you her parents didn't push for abortion.

s_cianci · Dec 29, 2007, 10:58 AM

You and your son can contest the adoption and petition the court for custody.

Fr_Chuck · Dec 29, 2007, 11:55 AM

For the sake of saving some trouble, you get an attorney who informs them that they can not give the baby up for adoptoin without the sons permission, Next of course the day the baby is born, your son ( which it is his rights not yours) has to have your attorney file for custody of the baby and to prove he is the father though DNA testing.

Dana2007 · Dec 29, 2007, 07:41 PM

I totally agree that steps need to be taken immediately by consulting an attorney. Too much fishy stuff goes around with people manipulating the system illegally in order to get what they want. Attorneys also can file false claims in order to get the baby placed for adoption without the father's interference.

If it is possible, show up at the hospital and sign the birth certificate. If you are willing to take the chance that the baby is indeed your son's. You can always request a DNA after the fact , but immediately after the baby is born

Dana2007 · Dec 31, 2007, 06:47 PM

I suddenly remembered that Dr. Phil had a show on how men get stiffed for child support although the child isn't theirs.

It is a law in some states that can hold the male who signed the birth certificate responsible for child support although later it is discovered that someone else is the actual biological father.

It might be necessary to first have a DNA test done before further steps are taken.

I have also read that in some states, the husband is held legally responsible for supporting a child born out of his wife's affair.

Make sure to find out what the laws are in your state.

ScottGem · Jan 1, 2008, 07:42 AM

Originally Posted by Dana2007

It is a law in some states that can hold the male who signed the birth certificate responsible for child support although later it is discovered that someone else is the actual biological father.

I have also read that in some states, the husband is held legally responsible for supporting a child born out of his wife's affair.

Just to clarify these. If someone voluntarily signs the because as the father, then he would be the legal father (with all rights and responsibilites) unless the true bio father comes forward and challenges the because within the legally proscribed time frame.

This is true similarly of a child born to a married woman. If the husband signs the because, even if unaware that the child was not his, the husband is the legal father. Again this can be challenged, but only within a certain time frame.

Dana2007 · Jan 1, 2008, 07:52 AM

Thanks, Scottgem, for clarifying that. That was really well put.

There are people out there that are attempting to change the laws in their states as husbands and men don't like to be held responsible for someone else's sperm. They don't like the wives and women intentionally deceiving them.

Dr. Phil thought that the husband/man should have the right to take it to court a year from the time he finds out that his wife/woman got pregnant by another man. But this is not the currently the case in some states.

Some people think putting a time frame on this is not right.

Know that the laws aren't always fair and that we don't always know who got pregnant by whom.

Maybe someday it will be routine to do DNA testing prior to anyone signing a because.

Always best to find out the current laws in your state

brown_eyes_3546 · Jan 1, 2008, 04:02 PM

My mom and dad went through that. She was 12 he was 13.
My mom signed the adoption papers and refused to put my dad on the birth cirtificate because she didn't want him to have a say so. My dad hired a lawyer as soon as he found out that she was putting me up for adoption and got a court order for paternity. Once that is done he had the right to put a stop to the abortion immediately. I spent about 3 weeks in the hospital while the court battle was going on and my mom decided that she didn't want him to have me that if I was to be kept she would keep me.

Your son does have rights! Hire a lawyer. Tell dss that the girl is four months and hasn't been to a dr they can make her go. It is putting the baby in danger to not go. Abortions are out of the question now she is too far along.

You need a lawyer as soon as possible though because the laws are very strict and a paternity test must be done at birth or before <although that is dangerous to the baby>. Your lawyer can also tell you all the options that aer in your particular state.

I really feel for you it is a difficult situation to be in but fight for your grandchild this mother is obviously not thinking of the baby's best interest if she hasn't been to a dr.