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If the birth father is a minor...

So my SIL is 17 will be 18 when the baby is born. She wants me and DH to adopt her baby. The father doesnt want anything to do with the baby and also wants her to put it up for adoption. He is only 16 with be 17 when the baby is born. My worry is that 10 years down the line can he come back and take the child. Do to the fact that he was a minor when signing his rights away. Is this something that can happen?

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Ms.MarineWife

Asked by Ms.MarineWife at 1:44 PM on Jan. 15, 2009 in Adoption

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Answers (14)
  • Not if it is dealt with properly with lawyers etc.
    Meshell7

    Answer by Meshell7 at 1:46 PM on Jan. 15, 2009

  • If I'm not mistaken I think his parents have to be involved too. I think they have to sign with him.
    Anonymous

    Answer by Anonymous at 1:48 PM on Jan. 15, 2009

  • there is so much legality involved in adoption, you are going to have to deal with lawyers, in the papers it should state that they can not do that. it will state that even though they are minors they are of sound mind in their decision, and they can not fight the contract to gain custody again
    Amanduhpanda

    Answer by Amanduhpanda at 1:51 PM on Jan. 15, 2009

  • his parents dont have to sighn with him he made the baby himself its his legal issue. so long as you go about it the right way and use lawyers and do it through the court there is nothing he can do down the road once he has sighned his rights as a parents over hes not longer the parent. you shouldnt worry id be more worried she might change her mind as a mom.
    Anonymous

    Answer by Anonymous at 1:52 PM on Jan. 15, 2009

  • I was a minor when I signed away my rights to my son, and I couldn't just step back in to get him back. I would have to go through the courts and everything like any other Bparent would.
    Mom1Stepmom1

    Answer by Mom1Stepmom1 at 1:55 PM on Jan. 15, 2009

  • I know in the State of Clifornia, once you have a child you are legally considered an adult...so his signature would be enough and would stand up in court. Contact an attorney and get the process started now...you might have to do home studies and what not before the adoption can go through, don't want to get stuck dealing with it all after the baby is born. Figure out exactly what needs to happen now! Good luck
    megmckn

    Answer by megmckn at 1:55 PM on Jan. 15, 2009

  • Thank you everyone who answered. We already planned on getting a lawyer but we wanted to wait and give her a little more time. She says she is 95% sure, that she knows it will be hard but the best thing for the baby. She is only 9wks soo we also want to make sure she is in the safe zone. This was just one of those questions I just thought about and thought I would get good answers from here.
    Ms.MarineWife

    Answer by Ms.MarineWife at 2:08 PM on Jan. 15, 2009

  • not sure about the minor issue. However once an adoption is final, its final unless they can prove something WRONG done on your part and have it reversed. Do everything ethically, and ;legally and you'll be fine.
    babycakes254

    Answer by babycakes254 at 3:08 PM on Jan. 15, 2009

  • Even if the parents are minors, the child is their child and nobody else can sign away those rights! There may be a state requirement that the parents of the minors be notified of the situation but the parents cannot themselves sign away their children's rights as parents to the baby.

    And once signed away, and that specific state's time frame has lapsed, it is EXTREMELY unlikely that a court would reverse that action. It would mean that something wasn't done properly in obtaining the relinquishment. So the best thing to do is ensure that your lawyer is conducting themselves according to your states laws, and that nothing unethical is done that would put anything in question. Ensuring that all parties are fully informed and consenting is critical!
    PortAngeles1969

    Answer by PortAngeles1969 at 4:08 PM on Jan. 15, 2009

  • It all depends on the state where you leave on the requirements. Some require separate counsel for minors. I don't know of any that require parental signature (grandparents signatures) for termination. Even if it is not required, I highly recommend a separate attorney (that you hire and is not in your attorney's group and counseling for both parties.
    luckyshamrock

    Answer by luckyshamrock at 6:00 PM on Jan. 15, 2009

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